IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 18077 of 2010(H) -------------------------- PETITIONER: --------------- K.ROY, PROPRIETOR, TRAVANCORE ENGINEERS & CONTRACTORS, VADAKKEDATH BUILDINGS, ADOOR, PATHANAMTHITTA DIST. BY ADV. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: --------------- 1. COMMERCIAL TAX OFFICER (WC & LT), PATHANAMTHITTA. 2. DEPUTY COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, PATHANAMTHITTA. 3. DEPUTY TAHSILDAR (RR), ADOOR. BY GOVERNMENT PLEADER ADV. MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 18077 OF 2010 ......................................................................... Dated this the 10th June , 2010 J U D G M E N T The petitioner is a works contractor, who had undertaken certain works and had filed necessary returns before the first respondent . However from, April 2006 onwards, the petitioner formed a partnership firm with his wife and further works were carried out by the said firm, which has filed necessary returns effecting payment of tax. The grievance of the petitioner is that, the first respondent has assessed the entire work during the year 2007-08 without taking note of the returns and tax payment for the previous periods, casting huge liability vide Ext.P7 which made the petitioner to file Ext.P9 petition for rectification of error which is stated as still pending . 2. The learned Counsel for the petitioner submits that in spite of the reminder as borne by Ext.P14 with a copy to the next higher authority as borne by Ext.P15 (both were sent by W.P.(C) No. 18077 OF 2010 2 registered post), his grievance is still to be acted upon and hence is constrained to approach this Court. 3. Heard the learned Government Pleader as well . 4. Considering the facts and circumstances, the first respondent is directed to consider and pass appropriate orders on Ext. P9 petition for rectification of error and this shall be done as expeditiously as possible , at any rate, within one month from the date of receipt of a copy of the judgment. It is made clear that till such orders are passed on Ext.P9, recovery proceedings, if any, shall be kept in abeyance . The Writ Petition is disposed of . P.R. RAMACHANDRA MENON, JUDGE. lk