IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2834 of 2010(D) ------------------------- PETITIONER(S): --------------- M/S. ERNAD LATEX, CHEMMARAM, NADUVATH.P.O., WANDOOR, MALAPPURAM DISTRICT, REPRESENTED BY ITS PARTNER, K.P.RIYAS BABU. BY ADV. SRI.A.V.MURALIDHARAN SRI.C.AJITH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANATHAPURAM. 2. THE INTELLIGNCE OFFICER (IB) 1, OFFICE OF THE DEPUTY COMMISSIONER(INT) COMMERCIAL TAXES, KOZHIKODE. 3. THE DEPUTY COMMISSIONER (APPEALS) DEPARTMENT OF COMMERCIAL TAXES, KOZHIKODE. 4. COMMERCIAL TAX OFFICER, SPECIAL CIRCLE OFFICE OF THE ASSISTANT COMMISSIONR (KVAT), COMMERCIAL TAXES, MALAPPURAM. GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 2834 of 2010 ---------------------------------------- Dated, this the 29th day of January, 2010 J U D G M E N T Being aggrieved of Ext.P1 order imposing penalty upon the 2nd respondent, the petitioner has preferred Ext.P2 appeal, along with Ext.P3 petition for stay before the 3rd respondent. It is stated that the petitioner has also preferred Ext.P4 petition for early hearing of the appeal. The grievance of the petitioner is that, it is without any regard to the pendency of the said proceedings, that the 4th respondent had issued Ext.P5 notice threatening the petitioner of coercive steps for realisation of due amount, which is sought to be intercepted in this Writ Petition. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the 3rd respondent is directed to consider and pass appropriate orders on Ext.P3 petition for stay, as expeditiously as possible. It is made clear that till such appropriate orders are passed on Ext.P3, all further coercive steps being pursued against the petitioner vide Ext.P5 shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc