IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 3604 of 2010(A) ------------------------- PETITIONER: --------------- ISLAND HOTEL MAHARAJ LIMITED, BRISTOW ROAD, WILLINGDON ISLAND, KOCHI-682003, REPRESENTED BY ITS GENERAL MANAGER MR. SHARAD DATTA. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.RAJA KANNAN RESPONDENTS: --------------- 1. THE STATE OF KERLA, REPRESENTED BY'THE S ECRETARY (TAXES,), GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. LUXURY TAX OFFICER, COMMERCIAL TAXES, MATANCHERRY. 3. DEPUTY COMMISSIONER OF COMMERCIAL. TAXES(APPEALS), ERNAKULAM. 4. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, MATTANCHERRY. BY GOVT. PLEADER SRI.V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.3604 of 2010-A ---------------------------- Dated this the 3rd day of February, 2010. J U D G M E N T Being aggrieved by Exts.P1 and P2 assessment orders passed by the second respondent, for the assessment years 2005-06 and 2006-07, the petitioner has preferred Exts.P3 and P4 appeals before the third respondent, along with Ext.P3(a) and P4(a) stay petitions. 2. The grievance of the petitioner is that, even though the petitioner has been informed that the matter has been scheduled to be heard on 5.2.2010, as borne by Ext.P5 notice issued by the third respondent, the fourth respondent has issued Ext.P6 notice under the Revenue Recovery Act, which is sought to be intercepted by this Court. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the third respondent is directed to consider and pass appropriate orders on Ext.P3(a) and P4(a) petitions for stay in accordance with law, as expeditiously as possible, at any rate within six weeks from the date of receipt of a copy of this judgment; if Ext.P3 and P4 appeals are W.P(C) No.3604 of 2010-A 2 not disposed of in the meanwhile. It is made clear that till appropriate orders are passed on Ext.P3(a) and P4(a), all further coercive proceedings pursuant to Ext.P6 shall be kept in abeyance. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON, JUDGE //True Copy// P.A to Judge ab