IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 W.P.(C).No. 5172 of 2008(N) ------------------------ PETITIONER: ---------- M/S.RUPESH & COMPANY, LAKSHMI NADA, KOLLAM, REPRESENTED BY ITS MANAGING PARTNER- RAJESH.R.SHENOY. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: ------------- 1. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOLLAM. 2. COMMERCIAL TAX OFFICER (AA), COMMERCIAL TAXES, KOLLAM. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, KOLLAM. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 5172 OF 2008 N = = = = = = = = = = = = = = = = Dated this the 13th February, 2008 J U D G M E N T Petitioner submits that against Ext. P1 order of assessment Ext. P2 appeal has been filed along with Ext. P3 stay petition. It is stated that an early posting petition was moved and was heard on 4.2.2008. When the appeal itself was ordered to be posted to 29.2.2008 it is submitted that in the meanwhile recovery proceedings have been initiated by Ext. P5. Now that the appeal itself is posted to 29.2.2008, I feel that further recovery pursuant to Ext. P5 notice should be deferred until the appeal is decided. It is directed that the appeal or the stay petition should be heard and orders passed. This shall be done as expeditiously as possible, at any rate within 4 weeks from today. In the meanwhile further proceedings pursuant to Ext. P5 shall be deferred for a period of six weeks. 2. Writ petition is disposed of as above. W.P.(C) No. 5172 OF 2008 -2- Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC JUDGE jan/-