IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 9839 of 2010(D) ------------------------- PETITIONER: --------------- HEMA VASANTHA KUMAR, K.R.GARDEN, KATTUPUTHUSSERRY, MARUTHIKUNNU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.V.L.SHENOY RESPONDENTS: --------------- 1. THE COMMERCIAL TAX OFFICER, ANCHAL. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES DEPARTMENT, KOLLAM. 3. TAHSILDAR, REVENUE RECOVERY, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.9839 of 2010-D ---------------------------- Dated this the 23rd day of March, 2010. J U D G M E N T Being aggrieved of Exts.P1 to P4 assessment orders, the petitioner has preferred Exts.P7, P8, P9 and P10 appeals along with Exts.P7(a), P8(a), P9(a) and P10(a) petitions to condone the delay in filing the same, which are pending consideration before the second respondent. 2. The grievance of the petitioner is that without any regard to the pendency of the said proceedings, the third respondent has initiated revenue recovery notices invoking the provisions under the Kerala Revenue Recovery Act, which are sought to be intercepted by this Court. 3. The learned Government Pleader appearing for the respondents submits that the petitioner has not filed any petition for stay and as such no interference is warranted. However, taking note of the persuasive submission made by the learned counsel for the petitioner explaining the plight of the petitioner as on date, referring to the death of her husband and also the suicide W.P(C) No.9839 of 2010-D 2 committed by her son, this Court finds that an opportunity should be given to the petitioner to file a petition for stay, if so advised. If any such I.A is filed by the petitioner within one week, the said I.A shall be considered along with Exts.P7(a), P8(a), P9(a) and P10(a) petitions to condone the delay in filing the appeal and appropriate orders shall be passed in accordance with law, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. It is made clear that till such appropriate orders are passed in the above I.A, all further proceedings shall be kept in abeyance. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab