IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 9148 of 2008(L) ------------------------- PETITIONER: ------------ M/S.INDUS MOTORS CO.P.LTD., M.G.ROAD, THEVARA, ERNAKULAM, REPRESENTED BY IT'S FINANCE MANAGER, MR.ANAS.K.P BY ADV. SMT.K.LATHA RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM. 2. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. 3. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAX, ERNAKULAM. BY SHRI.K.GOVINDAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.9148/2008 ----------------------------------------------------------------- Dated this the 18th day of March, 2008 JUDGMENT Against Ext.P1 order of penalty, the petitioner has filed Ext.P2 appeal. During the pendency of Ext.P2, revenue recovery proceedings have been initiated by issuing Ext.P3 notice and hence this writ petition has been filed challenging the same. Having regard to the pendency of Ext.P2 appeal before the second respondent, I dispose of this writ petition directing that, the second respondent shall consider and pass orders on Ext.P2, with notice to the petitioner, within 8 weeks from the date of production of a copy of this judgment. In the meantime, on the petitioner remitting 1/3rd of the amount demanded in Ext.P3 before 31.3.2008, further proceedings thereon will stand stayed, until appeal is disposed of. ANTONY DOMINIC JUDGE vi 2