IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 15860 of 2008(K) ---------------------------------------------- PETITIONER: ----------------- M/S.HOTEL SINDHU BAR, KODUNGALLUR, THRISSUR DISTRICT, PIN 680 664, REPRESENTED BY ITS MANAGING PARTNER, C.B.RABEESH. BY ADV. SRI.V.P.SUKUMAR RESPONDENTS: ---------------------- 1. THE SALES TAX OFFICER, KODUNGALLUR. 2. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, IRINJALAKUDA. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 15860 OF 2008 K -------------------------------------- Dated this the 28th May, 2008 JUDGMENT Petitioner has preferred Ext.P2 Appeal, feeling aggrieved by Ext.P1 Assessment Order. He has also filed an application for stay vide Ext.P3. Petitioner seeks a direction to dispose of Ext.P2 Appeal and to keep in abeyance recovery proceedings pursuant to Ext.P4 revenue recovery notice. I heard the learned Government Pleader also. The Writ Petition is disposed of as follows: There will be a direction to the second respondent to consider and take a decision on Ext.P3 application for stay in accordance with law within a period of three weeks from the date of receipt of a copy of this Judgment. Till such time as a decision is taken as aforesaid, recovery proceedings initiated against the petitioner pursuant to Ext.P4 revenue recovery notice shall be kept in abeyance. WPC. 15860/08 K 2 Petitioner will produce a copy of this Judgment before the second respondent as soon as it is made available to him. K. M. JOSEPH, JUDGE kbk.