IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 3536 of 2008(U) ------------------------- PETITIONER: ------------ AESTHETICS, P.V.SWAMY ROAD, KOZHIKODE, REPRESENTED BY ITS MANAGING PARTNER, SRI.IMDADULLA SHAH. BY ADV. SRI.N.MURALEEDHARAN NAIR RESPONDENTS: ------------- 1. COMMERCIAL TAX OFFICER (AA), O/O. DEPUTY COMMISSIONER (AA), COMMERCIAL TAXES, KOZHIKODE. 2. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOZHIKODE. 3. DEPUTY TAHSILDAR (RR), KOZHIKODE. BY GOVERNMENT PLEADER SRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 3536 of 2008 ------------------------------------- Dated: January 30, 2008 JUDGMENT It is submitted that against Ext.P1 ex parte assessment order, the petitioner has filed Ext.P2 appeal and Ext.P3 stay petition. While the appeal and the stay petition are pending consideration of the 2nd respondent, revenue recovery proceedings have been initiated by issuing Ext.P4 notice and it is in these circumstances that the writ petition has been filed. 2. Having regard to the fact that the statutory appeal filed by the petitioner as Ext.P2 is pending consideration of the 2nd respondent, I direct that the 2nd respondent shall take up and consider Ext.P2 appeal filed by the petitioner. This shall be done within six weeks from the date of production of a copy of this judgment. In the meantime on the petitioner depositing one-third of the amount demanded in Ext.P4 revenue recovery notice within two weeks from today, further WP(C) 3536/2008 Page numbers proceedings pursuant to Ext.P4 shall be deferred until final orders are passed in the appeal. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE mt/-