IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 16446 of 2009(A) -------------------------- PETITIONER(S): --------------- V.P.GOPALAKRISHNAN NAIR,JAYA BHAVAN, CONVENT ROAD-I,THOTTAKATTUKARA P.O., ALUVA-683 108,ERNAKULAM DISTRICT. BY ADV. SRI.V.P.SUKUMAR SRI.KURYAN THOMAS RESPONDENT(S): --------------- 1. SPECIAL DIRECTOR OF ENFORCEMENT, ENFORCEMENT DIRECTORATE, FOREIGN EXCHANGE REGULATION ACT, 6TH FLOOR,LOK NAYAK BHAVAN,KHAN MARKET, NEW DELHI-03. 2. THE APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE,MINSTRY OF LAW,JUSTICE AND COMPANY AFFAIRS,4TH FLOOR,"B-WING", JANAPATH (INDIAN OIL) BHAVAN,JANPATH,NEW DELHI-110 001. 3. THE DEPUTY TAHSILDAR (RR),ALUVA. BY GOVERNMENT PLEADER Mr.C.K.GOVIDAN CENTRAL GOVT. S.C.ADV. SRI.P.R.LESLIE STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 16446 OF 2009 ----------------------------------- Dated this the 15th day of June, 2009 JUDGMENT The petitioner is before this Court in view of the coercive steps taken at the instance of the respondents under the relevant provisions of the Revenue Recovery Act as evident from Ext.P7 and P8; stated as being pursued without any regard to the pendency of the statutory appeal. 2. In fact, the petitioner has approached the second respondent by filing Ext.P4 memorandum of appeal, challenging Ext.P3 order passed by the first respondent imposing the penalty. 3. Learned counsel appearing for the petitioner submits that the petitioner has now received a notice with regard to the hearing of the appeal scheduled on 25.07.2009. 4. Learned Standing counsel Mr. P.R. Leslie Stephen takes notice on behalf of the first and second respondents. After hearing, particularly taking note of the fact that the statutory appeal has already been boarded for hearing in the last week of July, this Court does not find it necessary to go into the merits of the case. WPC NO. 16446/2009 2 5. In the above facts and circumstances, the second respondent is directed to consider Ext.P4 appeal preferred by the petitioner in accordance with law and pass appropriate orders thereon, after giving an opportunity of hearing, as expeditiously as possible. It is made clear that till such final orders are passed on Ext.P4 appeal, all further coercive proceedings stated as taken against the petitioner vide Ext.P7 and P8 shall be kept in abeyance. The Writ Petition is disposed of accordingly. (P.R.RAMACHANDRA MENON, JUDGE) dnc