IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 19156 of 2008(E) -------------------------- PETITIONER: ----------------- SONA MARBLES, REPRESENTED BY THE MANAGING PARTNER, SONA MARBLES, N.H.COLLEGE STOP, EDAT, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCIAL TAXES, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER(APPEAL), KOZHIKODE. 3. COMMERCIAL TAX OFFICER, AUDIT ASSESSMENT, KANNUR. 4. THE INSPECTING ASSISTANT COMMISSIONER COMMERCIAL TAXES, KANNUR. 5. THE COMMERCIAL TAX OFFICER, PAYYANNUR. BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.19156 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of June, 2008 JUDGMENT Petitioner seeks a direction to the second respondent to consider and take a decision on Ext.P9 appeal and a direction to refrain from taking any action against the petitioner on the basis of Exts.P5, P6 and P8 till the disposal of Ext.P9. Petitioner has preferred Ext.P9 appeal accompanied by an application seeking stay of recovery. 2. I heard learned Government Pleader also. The writ petition is disposed of directing the second respondent to consider and take a decision on the stay petition filed along with Ext.P9 appeal in accordance with law within a period of three weeks from the date of receipt of a copy of this judgment. Till such time as a decision is taken, recovery proceedings against the petitioner in the concerned matter will be kept in abeyance. Petitioner will produce a copy of this judgment before the second respondent as soon as it is received. (K.M. JOSEPH, JUDGE) sb