IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 25853 of 2010(F) -------------------------- PETITIONER: --------------- M/S. CHATHAMKULAM ASSOCIATES, H.O.CHULLIMADA, KANJIKODE,PALAKKAD, REPRESENTED BY ITS MANAGING PARTNER, C.B.SUMESH BABU. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENTS: --------------- 1. THE INSPECTING ASSITANT COMMISSIONER COMMERCIAL TAXES, PALAKKAD. 2. THE INTELLIGENCE OFFICER, SQUAD NO.5, COMMERCIAL TAXES, PALAKKAD. 3. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, KANNUR. BY SR.GOVERNMENT PLEADER ADV. MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 25853 OF 2010 ......................................................................... Dated this the 17th August , 2010 J U D G M E N T The petitioner, being aggrieved of the order imposing penalty, filed statutory appeal before the third respondent, which however did not turn to be fruitful as borne by Ext.P2.This in turn has been subjected to challenge by filing Ext.P3 appeal along with Ext.P4 petition for stay before the Tribunal. It is the case of the petitioner that without any regard to the pendency of the above proceedings, recovery proceedings are being pursued against the petitioner by the first respondent as borne by Ext.P6, which hence is sought to be intercepted in this Writ Petition. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the appellate authority/Tribunal is directed to consider and pass appropriate orders on Ext. P4 petition for stay, in accordance with law, as expeditiously as possible, at any rate 'within six weeks' from the W.P.(C) No. 25853 OF 2010 2 date of receipt of the judgment. Till such orders are passed on Ext.P4, all further proceedings pursuant to Ext.P6 shall be kept in abeyance. The petitioner shall produce a copy of the judgment before the Tribunal forthwith, for pursuing further steps as above. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk