IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 WP(C).No. 1712 of 2011(L) ------------------------- PETITIONER(S): --------------- MUJEEB RAHMAN, VALLATHUPADIKKAL HOUSE, METHALA (PO), KODUNGALLOOR-680 669. BY ADV. SRI.P.N.DAMODARAN NAMBOODIRI RESPONDENT(S): --------------- 1. THE COMMERCIAL TAX OFFICER, DEPARTMENT OF COMMERCIAL TAXES, KODUNGALLOOR- 680 664. 2. THE DEPUTY COMMISSIONER(APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM-682015. 3. DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, KODUNGALLOOR-680664. 4. COMMERCIAL TAX OFFICER(ENQUIRY), DEPARTMENT OF COMMERCIAL TAXES, THRISSUR-680 004. ADV.MR. V.K. SHAMSUDHEEN – GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.1712 OF 2011 --------------------------------------- Dated this the 18th day of January, 2011 JUDGMENT Against assessment orders passed, the petitioner has filed appeals before the second respondent Appellate Authority. The petitioner has also moved Ext.P7 stay petition. While the stay petition is pending, the revenue recovery authorities have initiated coercive recovery proceedings. The petitioner has filed this writ petition challenging the same. According to the petitioner, it is unjust to enforce the demand while stay petition filed by the petitioner is still undisposed of. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I dispose of this writ petition with the following directions: The second respondent shall consider and pass orders on Ext.P7 stay petition as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this W.P.(C)No.1712/11 2 judgment. Till disposal of Ext.P7, the proceedings for coercive recovery of the tax disputed in the appeal shall be kept in abeyance. S. SIRI JAGAN, JUDGE acd W.P.(C)No.1712/11 3