IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 16343 of 2009(K) -------------------------- PETITIONER: --------------- M/S KANKUNNATH JEWELLERY, GURUVAYOOR ROAD, THRITHALA, PALAKKAD DISTRICT. REPRESENTED BY ITS MANAGING PARTNER, K. MOIDEEN KUTTY. BY ADV. MR. N.MURALEEDHARAN NAIR MS. K.HYMAVATHY RESPONDENTS: --------------- 1. COMMERCIAL TAX OFFICER, PATTAMBI, PALAKKAD DISTRICT 2. DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. BY GOVERNMENT PLEADER C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/6/2009, THE COURT ON 12/06/2009 DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 16343 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 12th day of June, 2009 JUDGMENT Aggrieved of Ext.P1 assessment order passed by the first respondent in respect of the assessment year 2007 – 2008, the petitioner has approached the second respondent preferring Ext.P2 appeal along with Ext.P3 petition for stay and another petition for early hearing of the proceedings. The case of the petitioner is that, it is without any regard to the pendency of the above proceedings, that the respondents are proceeding with coercive steps under the Kerala Revenue Recovery Act as evident from Ext.P5. 2. Heard the learned Government Pleader as well. Considering the facts and circumstances, the second respondent is hereby directed to consider and pass appropriate orders on Ext.P2 appeal and Ex.P3 petition for stay in accordance with law. However, it is made clear that till appropriate orders are passed on Ext.P3 petition for stay, all further coercive steps pursuant to Ext.P5 shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd