IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 7591 of 2008(D) ------------------------- PETITIONER: ------------ M/S. CANNANORE SARVODAYA SANGH, CHETTAMKUNNU, THALASSERY, REPRESENTED BY ITS PRESIDENT, SRI. K.O.RAGHUNATH. BY ADV. SRI.N.K.SANATH KUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SALES TAX OFFICER, 1ST CIRCLE, THALASSERY. 3. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOZHIKODE. 4. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, KANNUR. BY GOVERNMENT PLEADER SRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 7591 of 2008 ------------------------------------- Dated: MARCH 4, 2008 JUDGMENT Against Ext.P1 order of assessment, petitioner has filed Ext.P3 appeal along with Ext.P4 stay petition and Ext.P5 application for condonation of delay which are pending consideration of the 3rd respondent. In the meanwhile recovery proceedings have been initiated by Ext.P6 and hence this writ petition. 2. Now that an appeal, though belatedly filed along with interlocutory applications as mentioned above, is pending consideration of the 3rd respondent, I feel that the interlocutory applications should be considered before recovery proceedings are continued. 3. Accordingly, I dispose of this writ petition directing that the 3rd respondent shall consider Ext.P5 application for condonation of delay and depending upon the order to be passed thereon, Ext.P4 application for stay shall also be considered. Exts.P4 and P5 shall be so considered as expeditiously as possible, at any rate, within WP(C) 7591/08 Page numbers four weeks of production of a copy of this judgment. In the meantime, all further proceedings pursuant to Ext.P6 will be kept in abeyance for six weeks from today. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE mt/-