IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 5741 of 2010(P) ------------------------- PETITIONER: --------------- DIVYAMON ANTONY,AGED 36 YEARS, S/O.ANTONY NAMBADAN,PROPRIETOR,ANLO CEMENT INDUSTRIES,OLAVAKKODE.PO,PALAKKAD. BRANCH OFFICE AT VANNAMADA,PALAKKAD. BY ADV. SRI.R.SUDHAKARA MENON RESPONDENTS: --------------- 1. STATE OF KERALA,REP.BY SECRETARY, FINANCE DEPARTMENT,GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. INTELLIGENCE OFFICER,SQUAD NO.II, COMMERCIAL TAX,PALAKKAD. 3. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES,ERNAKULAM. 4. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAX DEPARTMENT,PALAKKAD. BY GOVT. PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 5741 of 2010-P ---------------------------- Dated this the 22nd day of February, 2010. J U D G M E N T Challenging Ext.P2 order passed by the second respondent, the petitioner has filed Ext.P4(a) appeal before the third respondent, along with Ext.P4(c) petition for stay. 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, which is sought to be intercepted by this Court. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the third respondent is directed to consider and pass appropriate orders on Ext.P4 (c) petition for stay in accordance with law, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. It is made clear that till appropriate orders are passed on Ext.P4(c) petition for stay, all further proceedings pursuant to Ext.P3 shall be kept in abeyance. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON, JUDGE ab