IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 2553 of 2010(T) ------------------------- PETITIONER: --------------- ASHRAF, S/O. EBRAHIM, AGED 38 YEARS, THARAVEETTIL, MANGADU, ELAMANNOOR P.O., ADOOR. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENTS: --------------- 1. THE TAHSILDAR, ADOOR. 2. THE DEPUTY TAHSILDAR (R.R.), ADOOR. 3. THE COMMERCIAL TAX OFFICER, OFFICE OF THE COMMERCIAL TAX OFFICER, COMMERCIAL TAXES, ADOOR. BY GOVT. PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No. 2553 of 2010-T ------------------------------ Dated this the 27th day of January, 2010. J U D G M E N T The case of the petitioner is that even though the petitioner has filed statutory appeal before the Tribunal challenging Ext.P2 order passed by the first appellate authority and even though the appeal has been numbered as 1/2010, the respondents are proceeding with coercive steps for realization of the amount allegedly due from the petitioner as borne by Exts.P3 and P4, which are under challenge in this Writ Petition. 2. Heard the learned Government Pleader, who submits that, it is not discernible from the proceedings as to whether the petitioner has filed any petition for stay before the Tribunal. Similarly, copies of the appeal proceedings are also not produced before this Court. The learned counsel for the petitioner asserts that the appeal has been filed along with a petition for stay and that the petitioner might be permitted to move the stay petition before the Tribunal, for which some breathing time is sought for. W.P(C) No. 2553 of 2010-T 2 Considering the facts and circumstances, particularly that the sale of the movables has been notified to be held on 29th of this month as borne by Ext.P4, this Court finds that the matter could be finalized by permitting the petitioner to move the statutory authority/Tribunal for getting appropriate interim orders during the pendency of the appeal. Accordingly this Writ Petition disposed of, making clear that all further proceedings pursuant to Exts.P3 and P4 shall be kept in abeyance for a period of one month. P.R.RAMACHANDRA MENON JUDGE ab