IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 5728 of 2010(M) -------------------------------------- PETITIONER(S): ------------------------ M/S BISMI SAREES & READYMADES, NADAPURAM,VADAKARA,KOZHIKODE DISTRICT, REP.BY ITS MANAGING PARTNER NASSAR.E.K. BY ADV. MR.N.K.SANATH KUMAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM. 2. COMMERCIAL TAX OFFICER-II,DEPT.OF COMMERCIAL TAXES,VADAKARA. 3. DEPUTY COMMISSIONER(APPEALS), COMMERCIAL TAXES,KOZHIKODE. 4. SALES TAX OFFICER(RECOVERY), O/O.DY.COMMISSIONER,COMMERCIAL TAXES DEPT. KOZHIKODE. BYGP MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 5728 of 2010-M ---------------------------- Dated this the 22nd day of February, 2010. J U D G M E N T Challenging Ext.P1 assessment order and Ext.P3 penalty order, the petitioner has preferred Exts.P5 and P6 appeals along with Exts.P7 and P8 petitions for stay, which are pending consideration before the third respondent. 2. The grievance of the petitioner is that, without any regard to the pendency of the said proceedings, the respondents have initiated recovery proceedings invoking the provisions under the Revenue Recovery Act, as borne by Exts.P9 and P10, which are sought to be intercepted by this Court. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the third respondent is directed to consider and pass appropriate orders on Exts.P7 and P8 in accordance with law, as expeditiously as possible. It is made clear that till appropriate orders are passed on Exts.P7 and P8 petitions for stay, all further proceedings pursuant to Ext.P9 and P10 shall be kept in abeyance. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab