IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 7552 of 2011(T) ------------------------- PETITIONER: -------------- M/S.LEELA SCOTTISH LACE PRIVATE LTD., UNIT VII, KINFRA, INTERNATIONAL APPAREL PARK, ST.XAVIER'S COLLEGE P.O., THUMBA, THIRUVANANTHAPURAM, REP. BY ITS COMMERCIAL MANAGER PRAMOD K.E. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ----------------- 1. THE ASSISTANT COMMISSIONER, COMMERCIAL TAXES, SPECIAL CIRCLE KVAT, THIRUVANANTHAPURAM-35. 2. THE DEPUTY COMMISSIONER (APPEALS), OFFICE OF THE DEPUTY COMMISSIONER (RR), THIRUVANANTHAPURAM-695035. 3. THE DEPUTY TAHSILDAR (RR), OFFICE OF THE DEPUTY TAHSILDAR (RR), THIRUVANANTHAPURAM-35. BY SENIOR GOVERNMENT PLEADER, SRI.C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.P(C).No.7552 of 2011 ---------------------------------------------- Dated this the 10th day of March, 2011 JUDGMENT Being aggrieved of Exhibit P3 order passed by the first respondent under Section 25 of the Kerala Value Added Tax Act, 2003 in respect of the escaped turn over, the petitioner has preferred Exhibit P4 appeal along with Exhibit P5 petition for stay, which are stated to be pending consideration before the second respondent. The grievance of the petitioner is that, without referring to the pendency of the above proceedings, Exhibits P6 and P7 notices under the Revenue Recovery Act have been issued by the third respondent, which are under challenge in this Writ Petition. 2. Heard the learned Government Pleader as well. 3. In the above circumstances, the second respondent is directed to consider and pass appropriate orders on Exhibit P5 petition 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. All further proceedings pursuant to Exhibits P6 and P7 shall be kept in abeyance till such time. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON, JUDGE vgs