IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 3930 of 2010(M) ------------------------- PETITIONER: --------------- M/S.K.K.P.SPINNING MILLS LTD., PERUMPATTI, BOMMASAMUDARAM, NAMAKKAL DT.TAMIL NADU, REPRESENTED BY ITS MANAGER T.RAMAR. BY ADV. SMT.S.K.DEVI SRI.M.RAJ MOHAN RESPONDENTS: --------------- 1. THE INTELLIGENCE OFFICER (IB) DEPT.OF COMMERCIAL TAXES, EDAPALLY, KOCHI-24. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE DISTRICT COLLECTOR, NAMAKKAL DISTRICT, TAMILNADU-637016. 4. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM. BY GOVT. PLEADER SRI.C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/ 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.3930 of 2010 -------------------------- Dated this the 5th February, 2010 J U D G M E N T The grievance projected by the petitioner in this writ petition is that, even though Ext.P1 assessment order is dated 31.12.2008, it was never served to the petitioner and on coming to know about the coercive proceedings being pursued on the basis of the said order, the petitioner applied for and obtained certified copy of the same and resorted to the statutory remedy by filing Ext.P3 appeal, along with Ext.P4 petition for stay, which are stated as pending before the 4th respondent . 2. The grievance of the petitioner is that, it is without any regard to the pendency of the said proceedings, that the recovery proceedings are being continued under the Kerala Revenue Recovery Act, which is sought to be intercepted by this Court. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the 4th respondent is directed to consider and pass orders on Ext.P4 petition for stay, as expeditiously as possible, at any W.P (C) No.3930 of 2010 2 rate, within a period of two months from the date of receipt of a copy of this judgment. It is made clear that till appropriate orders are passed on Ext.P4, all further coercive proceedings pursuant to Ext.P1 shall be kept in abeyance. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE ma W.P (C) No.3930 of 2010 3 W.P (C) No.3930 of 2010 4