IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 W.P(C).No. 3745 of 2008(U) --------------------------------- PETITIONER: -------------- M.C.MATHEW, AGED 46 YEARS, S/O.CHACKO, GOVT. CONTRACTOR, MULLAPPALLIL HOUSE, KUNJITHANNI P.O., ADIMALY-VIA, IDUKKI DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: ----------------- 1. THE INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, DEVIKULAM, IDUKKI DISTRICT. 2. THE SUPERINTENDING ENGINEER, K.W.A. P.H.CIRCLE MUVATTUPUZHA. 3. THE SALES TAX OFFICER, OFFICE OF THE DEPUTY COMMISSIONER OF SALES TAX (W.C. & L.T) KATTAPPANA, IDUKKI DISTRICT. 4. THE DEPUTY COMMISIONER OF COMMERCIAL TAXES, ERNAKULAM. 5. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION, THODUPUZHA. 6. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION, KATTAPPANA. BY GOVT. PLEADER, SRI.I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 3745 OF 2008 U = = = = = = = = = = = = = = = = Dated this the 11th February, 2008 J U D G M E N T The writ petition has been filed challenging the revenue recovery proceedings initiated against the petitioner during the pendency of the appeals. 2. It is stated that against Exts. P6 and P10, petitioner has filed an appeal before the Tribunal, which has not been impleaded in this writ petition. It is stated that when recovery proceedings were initiated, he has filed Exts. P20 and P21 stay petitions in Exts. P17(a) and P18 appeals and that these are pending. Since the Tribunal is not a party and as the stay petitions referred to above were filed subsequent to the filing of the writ petition, I am not inclined to direct the Tribunal to dispose of the stay petitions deferring recovery proceedings. 3. However, I direct that further proceedings for recovery of the amount in terms of Exts. P6 and P10 will stand stayed on W.P.(C) No. 3745 OF 2008 - 2 - condition that the petitioner remits 50% of the amount due within 10 days from today. Thereafter, depending upon the outcome of the appeals, further action shall be taken. 4. In so far as Exts. P13 and P16 are concerned, the appeals filed by the petitioner before the 4th respondent are Exts. P14 and P17. It is asserted before me that the appeals were heard by the 4th respondent on 1.2.2008 and that final orders are reserved. If as stated by the petitioner, these appeals have been heard on 1.2.2008, and orders are reserved, I direct that steps for recovery of the amount due in terms of Exts. P13 and P16 shall be deferred and that the 4th respondent shall pass final orders in the appeals as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. The revenue recovery proceedings in terms of Exts. P13 and P16 shall be deferred for a period of 6 weeks from today. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment before the 4th respondent for compliance. ANTONY DOMINIC JUDGE jan/-