IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 15861 of 2009(C) --------------------------------------- PETITIONER(S): ------------------------ BAMBINO AGRO INDUSTRIES LTD., 32/1571A, PERINGAT ROAD, PALARIVATTOM, COCHIN-682 025, REPRESENTED BY ITS REGIONAL SALES MANAGER, K.P.THULASIDAS. BY ADV. MR.R.MURALIDHARAN (AROOR) RESPONDENT(S): -------------------------- 1. THE ASSISTANT COMMISSIONER (ASSESSMENT), KVAT-SPECIAL CIRCLE-II, COMMERCIAL TAXES, ERNAKULAM. 2. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM. 3. THE INSPECTING ASSISTNT COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. BY GOVT. PLEADER MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 15861 OF 2009 ----------------------------------- Dated this the 9th day of June, 2009 JUDGMENT The petitioner has raised many a ground challenging Ext.P1 assessment order passed by the first respondent in the present Writ Petition. However in view of the fact that, the petitioner has already approached the second respondent by filing statutory appeal, this Court does not find it necessary to go into the merits of the case. It is the case of the petitioner that, notwithstanding that the pendency of above proceedings, respondents are proceeding with coercive steps under the Revenue Recovery Act as borne by Ext.P3 which hence is under challenge. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the Writ Petition is disposed of directing the second respondent to consider Ext.P2 appeal and P3 petition for stay and pass appropriate orders in accordance with law, as expeditiously as possible. However, it is made clear that till appropriate orders are passed Ext.P3 petition for stay, all coercive steps taken against the petitioner pursuant to Ext. P4 shall be kept in abeyance. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc