IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 20040 of 2010(D) ---------------------------------------- PETITIONER(S): ----------------------- M/S.TRAVANCORE ENGINEERS & CONTRACTORS, ADOOR, PATHANAMTHITTA DISTRICT, REPRESENTED BY K.ROY, MANAGING PARTNER. BY ADVS. SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON. RESPONDENT(S): ---------------------------- 1. THE COMMERCIAL TAX OFFICER (WORKS CONTRACT) PATHANAMTHITTA. 2. DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, KOLLAM. 3. DEPUTY TAHSILDAR (RR), TALUK OFFICE ,ADOOR. R1 TO R3 BY SR. GOVERNMENT PLEADER SRI. C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.20040 of 2010-D ---------------------------- Dated this the 28th day of June, 2010. J U D G M E N T Challenging Exts.P1 and P2 assessment orders passed by the first respondent, the petitioner has preferred Exts.P3 and P4 appeals, which are pending consideration before the first respondent. 2. The grievance of the petitioner is that, it is without any regard to the pendency of the said proceedings, the third respondent has initiated recovery proceedings invoking the provisions under the Revenue Recovery Act, as borne by Exts.P7 to P10, which are sought to be intercepted by this Court. 3. The learned counsel for the petitioner submits that the Managing Director of the petitioner Company is undergoing serious treatment, pursuant to the 'Bye-pass surgery' conducted on 24.3.2010, as revealed from Ext.P5 and on pointing out the factual position, the second respondent was very much pleased to allow early hearing of the appeals, as borne by Ext.P6, posting the appeals for final hearing on 30.6.2010. The petitioner is constrained to W.P(C) No.20040 of 2010-D 2 approach this Court because of the coercive steps taken in the meanwhile. 4. Heard the learned Government Pleader as well. 5. Taking note of the fact that the appeals preferred by the petitioner has already been posted on 30.6.2010 for final hearing, there will be a direction to the second respondent to consider and finalise the same, 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 appropriate orders are passed on Exts.P3 and P4 appeals, all further proceedings pursuant to Exts.P7 to P10 shall be kept in abeyance. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab