IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 17140 of 2009(J) -------------------------- PETITIONER(S): --------------- STINGLE SEBASTIAN, CENTURY SALES & AGENCIES, PALLATH ROAD, THAMMANAM, ERNAKULAM KOCHI -32. BY ADV. SRI.ARIKKAT VIJAYAN MENON SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT(S): --------------- 1. COMMERCIAL TAX OFFICER, KVAT CIRCLE II, DEPARTMENT OF COMMERCIAL TAXES, KALAMASSERY AT PALARIVATTOM. 2. DEPUTY COMMISSIONER OF COMMERCIAL TAXES (APPEALS), ERNAKULAM. 3. INSPECTING ASST. COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM, KOCHI -30. BY GOVERNMENT PLEADER Mr.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 17140 OF 2009 ----------------------------------- Dated this the 22nd day of June, 2009 JUDGMENT Challenging Ext.P1 and P2 orders passed by the first respondent imposing the penalty on the petitioner, he has already filed Ext.P3 and P4 appeals along with Ext.P5 and P6 petitions to condone the delay in filing the appeals, as well as Ext.P7 and P8 petitions for stay. The case of the petitioner is that the third respondent is proceeding with coercive steps under the Kerala Revenue Recovery Act as borne by Ext.P9, without any regard to the pendency of the proceedings filed before the statutory authorities, which in turn is sought to be intercepted by this Court. 2. Heard the learned Government pleader as well. 3. Considering the facts and circumstances, the second respondent is directed to consider Ext.P3 and P4 appeals along with the petitions by the petitioner as expeditiously as possible and to pass appropriate orders thereon in accordance with law, after giving an opportunity of hearing to the petitioner. It is made clear that till such appropriate orders are passed on Ext. P5 and P6 petitions to condone the delay, as well as on Ext.P7 and P8 petitions for stay, WPC NO.17140/2009 2 all further coercive proceedings being pursued against the petitioner vide Ext.P9 shall be kept in abeyance. The Writ Petition is disposed of accordingly. (P.R.RAMACHANDRA MENON, JUDGE) dnc