IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 7770 of 2010(U) ------------------------- PETITIONER: --------------- P.M.YUSAF, PROPRIETOR, M/S.P.M.TRANSPORT & BODY BUILDERS, PEZHAKKAPPILLY P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.P.N.DAMODARAN NAMBOODIRI RESPONDENTS: --------------- 1. THE INTELLIGENCE OFFICER (IB) COMMERCIAL TAXES, ERNAKULAM. 2. THE SALES TAX APPELLATE TRIBUNAL, COMMERICAL TAXES, ADDITIONAL BENCH, ERNAKULAM. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, DEPARTMENT OF REVENUE, MUVATTUPUZHA. 4. THE COMMERCIAL TAX OFFICER, COMMERCIAL TAXES, MUVATTUPUZHA. BY GOVERNMENT PLEADER ADV. ADV. MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 7770 OF 2010 ......................................................................... Dated this the 10th March, 2010 J U D G M E N T The petitioner is aggrieved of Ext. P11 revenue recovery notice issue by the third respondent without any regard to the pendency of Ext.P9 Second Appeal accompanied by Ext. P10 petition for stay which are stated as pending consideration before the second respondent. The petitioner is also aggrieved of non finalisation of Ext. P6 appeal which is also pending consideration before the second respondent in respect of another cause of action . 2. Heard the learned Government Pleader as well, who submits that the recovery proceedings now being pursued against the petitioner are only in respect of the cause of action projected in Ext. P9 appeal and it is not in any way connected with the issue pending consideration in Ext. P6 appeal. 3. Considering the facts and circumstances of the case, the W.P.(C) No. 7770 OF 2010 2 second respondent is directed to consider and pass appropriate orders on Ext.P10 petition for stay preferred by the petitioner in connection with Ext. P9 appeal, in accordance with law, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of the judgment. It is made clear that till such appropriate orders are passed on Ext. P10 petition for stay, all further proceedings pursuant to Ext. P11 shall be kept in abeyance. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk