IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 17058 of 2009(B) -------------------------- PETITIONER: --------------- K.ABDULL HAKKEEM, RAHMATH AGENCIES, POONOOR, THAMARASSERY, KOZHIKODE DISTRICT. BY ADV. MS. LATHA PRABHAKARAN MR. K.M.JAMALUDHEEN RESPONDENTS: --------------- 1. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOZHIKODE. 2. THE COMMERCIAL TAX OFFICER (AA) OFFICE OF THE DEPUTY COMMISSIONER (AA) COMMERCIAL TAXES, KOZHIKODE DISTRICT. 3. THE COMMERCIAL TAX OFFICER, KOYILANDY, KOZHIKODE DISTRICT. 4. THE DEPUTY TAHASILDAR, REVENUE RECOVERY, KOZHIKODE. BY GOVERNMENT PLEADER MR. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 17058 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 19th day of June, 2009 JUDGMENT Challenging the assessment order passed by the third respondent, in respect of the assessment years 2005 - '06, the petitioner had already approached first respondent by filing Ext.P7 memorandum of appeal along with Ext.P7 (a) petition for stay accompanied by Ext. P7 (b) petition for condoning the delay in filing appeal. Petitioner has also filed Ext.P8 petition for early hearing of the proceedings.. The case of the petitioner is that, it is without any regard to the pendency of the above proceedings that the 4th respondent is proceeding with the coercive steps under the Kerala Revenue Recovery Act. 2. Heard the learned Government Pleader as well. Considering the facts and figures, the first respondent is hereby directed to consider and pass appropriate orders on Ext.P7 memorandum of appeal, Ext.P7 (a) petition for stay and Ext. P7(b) petition to condone the delay in accordance with law, as expeditiously as possible. However, it is made clear that till appropriate orders are passed on Ext.P7 (b) petition to condone the delay and Ext.P7 (a) petition for stay, all further coercive proceedings, stated as being WP (C) No. 17058 of 2008 : 2 : pursued against the petitioner, shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd