IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17459 of 2008(C) ------------------------------------ PETITIONER: ------------------ P.JOHNY GEORGE, JOHNY POULTRY FARM, MANAPPADAM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.R.SUDHAKARA MENON SRI.K.JITHIN SRI.K.JITHIN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO MINISTRY OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 3. THE ASSISTANT COMMISSIONER (KVAT), SPECIAL CIRCLE, PALAKKAD. 4. THE ASSISTANT COMMISSIONER, (AUDIT ASSESSMENT), PALAKKAD. 5. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALAKKAD. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 17459 OF 2008 C -------------------------------------- Dated this the 11th June, 2008 JUDGMENT Petitioner seeks to quash Ext.P2 and also seeks a direction not to proceed further to collect the amount demanded under the Revenue Recovery Act. Petitioner has already preferred Ext.P3 Appeal accompanied by stay petition before the second respondent. In the meantime, petitioner is faced with recovery steps. Heard the learned Government Pleader also. In such circumstances, the Writ Petition is disposed of directing the second respondent to consider and take a decision on Ext.P3 application seeking stay in accordance with law, within three weeks from the date of receipt of a copy of this Judgment. Till a decision is taken as aforesaid, recovery proceedings against the petitioner will be kept in abeyance. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge