IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 1568 of 2010(U) --------------------------------------- PETITIONER(S): ------------------------ ERNAD ENGINEERING ENTERPRISES, DOWN HILL, MALAPPURAM, REPRESENTED BY ITS MANAGING PARTNER, V.HASHIM. BY ADVS. MRS.ANIL KUMAR (TRIVANDRUM), MR.K.S.HARIHARAN NAIR. RESPONDENT(S): --------------------------- 1. COMMERCIAL TAX OFFICER (WC & LT), MALAPPURAM. 2. THE DY.COMMISSIONER (APPEALS), ERNAKULAM. R1 & R2 BY GOVERNMENT PLEADER MR. C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No.1568 of 2010-U ------------------------------ Dated this the 18th day of January, 2010. J U D G M E N T Being aggrieved by Exts.P1 to P3 orders passed by the first respondent in respect of the assessment years 2005-06, 2006- 07, 2007-08, the petitioner has preferred Exts.P4 to P6 appeals along with Exts.P7 to P9 petitions for stay and also accompanied by Exts.P10 to P12 petitions for early hearing. 2. The case of the petitioner is that the respondents are proceeding with coercive steps pursuant to Ext.P13, notwithstanding the pendency of the above proceedings, which is sought to be intercepted. 3. Heard the learned Government Pleader as well; who submits with reference to the available materials on record that the proceedings filed before the appellate authority are belated and no specific date is mentioned. However, considering the facts and circumstances, this Court does not find fit and necessary to keep the Writ Petition pending, to ascertain the actual position in this regard. W.P(C) No.1568 of 2010-U 2 In the above circumstances, the second respondent is directed to consider and pass appropriate orders on the proceedings filed by the petitioner as borne by Exts.P4 to P9 and also on the petition to condone the delay, if any, to be submitted within one week. However it is made clear that till appropriate orders are passed on Exts.P7 to P9 and also in the petition to condone the delay, if any, all further proceedings pursuant to Ext.P13 shall be kept in abeyance. The Writ Petition is disposed of accordingly. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab