IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 11074 of 2010(H) -------------------------------------- PETITIONER: ------------------- MR.C.JIHTHENDRA,S/O.C.SHEKARAN, AGED 37 YEARS,PROPRIETOR,MASSCOT COMMUNICATIONS, KANNUR. BY ADVS. SRI.V.RAMKUMAR NAMBIAR, SRI.C.X.ANTONY BENEDICT. RESPONDENTS: ------------------------ 1. THE SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY, KANNUR. 2. THE DEPUTY COMMISSIONER,(APPEALS), COMMERCIAL TAXES, KOZHIKODE. 3. THE COMMERCICAL TAX OFFICER,2ND CIRCLE, KANNUR. R1 TO R3 BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.11074 of 2010-H ---------------------------- Dated this the 30th day of March, 2010. J U D G M E N T Challenging Ext.P1 assessment order passed by the third respondent, the petitioner has preferred statutory appeal, along with I.A for condoning the delay in filing the same and yet another I.A for stay, as borne by Ext.P2, which are pending consideration before the second respondent. 2. The grievance of the petitioner is that, without any regard to the pendency of the said proceedings, the respondents have initiated recovery proceedings invoking the provisions under the Revenue Recovery Act, as borne by Ext.P4, which is sought to be intercepted by this Court. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the second respondent is directed to consider and pass appropriate orders on the I.A for condoning the delay and on the I.A for stay, in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. It is W.P(C) No.11074 of 2010-H 2 made clear that till appropriate orders are passed on such I.As, all further proceedings pursuant to Ext.P4 shall be kept in abeyance. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab