IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 9421 of 2010(C) --------------------------------------- PETITIONER(S): ---------------------- M/S.ABAD WHISPERING PALMS, KONJUMADA, KUMARAKAM, A UNIT OF M/S.ABAD MOTELS & RESORTS PVT. LTD., M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS DIRECTOR, ARIF HASHIM. BY ADVS.MR.FRANKUR D.JAYAN SMT.BOBY M.SEKHAR RESPONDENT(S): ------------------------ 1. THE INTELLIGENCE OFFICER SQUAD NO.I, COMMERCIAL TAXES, KOTTAYAM. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOTTAYAM. 3. INSPECTING ASSISTANT COMMISSIONER, KOTTAYAM. BY GOVT. PLEADER MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.9421 of 2010-C ---------------------------- Dated this the 19th day of March, 2010. J U D G M E N T Challenging Ext.P1 order passed by the first respondent, the petitioner has approached the statutory authority by filing Ext.P2 appeal along with Ext.P3 petition for stay, which are pending consideration before the second respondent. 2. The grievance of the petitioner is that, without any regard to the pendency of the said proceedings, the third respondent has initiated recovery proceedings invoking the provisions under the Revenue Recovery Act, as borne by Ext.P4, which is sought to be intercepted by this Court. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the second respondent is directed to consider and pass appropriate orders on Ext.P3 petition for stay, in accordance with law, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. It is made clear that, till appropriate orders are passed on Ext.P3 petition for stay, all further proceedings W.P(C) No.9421 of 2010-C 2 pursuant to Ext.P4 shall be kept in abeyance. If any payment has already been effected by the petitioner, the same shall be considered and given credit, at the time of passing the order, as above. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON, JUDGE ab