IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 7118 of 2010(L) ------------------------- PETITIONER: --------------- THOMAN VARKEY, TOMOO TRADERS (RUBBER), MANGALAM DAM, ALATHUR. BY ADV. SRI.N.MURALEEDHARAN NAIR SMT.K.HYMAVATHY RESPONDENTS: --------------- 1. THE ASSISTANT COMMISSIONER (ASSMT), SPECIAL CIRCLE, COMMERCIAL TAXES, PALAKKAD. 2. DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 3. TAHSILDAR, ALATHUR. BY GOVERNMENT PLEADER ADV. MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 7118 OF 2010 ......................................................................... Dated this the 5th March, 2010 J U D G M E N T Being aggrieved of Ext. P1 assessment order in respect of the assessment year 2005-06, the petitioner has preferred Ext.P2 appeal along with Ext. P3 petition to condone the delay in filing the same. The petitioner has also filed Ext.P4 petition for stay as well as Ext. P5 petition for early hearing of the appeal. The case of the petitioner is that it is without any regard to the pendency of the said proceedings that the third respondent has issued Ext. P6 demand notice under the Revenue Recovery Act. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the second respondent is directed to consider and pass appropriate orders on Exts.P3 petition for condonation of delay in filing the appeal and also Ext. P4 petition for stay, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of W.P.(C) No. 7118 OF 2010 2 the judgment. It is made clear that till such orders are passed on Ext.P3 petition to condone the delay in filing the appeal and also on Ext.P4 petition for stay, all further proceedings pursuant to Ext. P6 shall be kept in abeyance. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk