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. 3940 of 2010(N) ------------------------- PETITIONER(S): --------------- ALIKUNJU, MANAGING PARTNER, M/S.SHINE ROTOPACKS, 2/679, COCHIN UNIVERSITY P.O. SOUTH KALAMASSERY, ERNAKULAM, RESIDING AT ADAMBAYIL HOUSE, CHANGANPLUZHA NAGAR, KALAMASSERY, ERNAKULAM. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): --------------- 1. THE DEPUTY COMMISSIONER (APPEAL), COMMERCIAL TAXES, ERNAKULAM. 2. THE COMMERCIAL TAX OFFICER, KVAT CIRCLE I, KALAMASSERY. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KANAYANOOR TALUK, ERNAKULAM, COCHIN-682011. 4. THE VILLAGE OFFICER, THRIKKAKARA NORTH VILLAGE, KANAYANOOR TALUK. 5. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, 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.3940 of 2010 -------------------------- Dated this the 5th February, 2010 J U D G M E N T Being aggrieved by Ext.P3 order passed by the assessing authority, the petitioner has preferred Ext.P4 appeal along with Ext.P5 petition for stay and also Ext.P6 petition for condoning the delay in filing the appeal, which are stated as pending consideration before 1st respondent. 2. The petitioner is aggrieved of the coercive steps being pursued against him, as borne by Exts.P1 and P2 notices issued under the Kerala Revenue Recovery Act which in turn are sought to be challenged in this writ petition. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the 1st respondent is directed to consider and pass appropriate orders on Exts.P5 petition for stay and Ext.P6 petition for condoning the delay in filing the appeal, as expeditiously as possible at any rate, within a period of two W.P (C) No.3940 of 2010 2 months from the date of receipt of a copy of this judgment. However, it is made clear that till appropriate orders are passed on Exts.P5 and P6, all further coercive proceedings pursuant to Exts.P1 and P2 shall be kept in abeyance. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE ma W.P (C) No.3940 of 2010 3 W.P (C) No.3940 of 2010 4