IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 22173 of 2009(N) -------------------------- PETITIONER: --------------- M/S.SRI.PADMA BALAJI STEELS PRIVATE LIMITED, 308/1, NEW INDUSTRIAL DEVELOPMENT AREA, KANJIKODE P.O., PALAKKAD. REPRESENTED BY ITS MANAGER (ADMINISTRATION). BY ADV. MR. RAJU JOSEPH MR. J.JULIAN XAVIER RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 3. COMMERCIAL TAX OFFICER, 2ND CIRCLE, DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD. 4. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALAKKAD. BY GOVERNMENT PLEADER MR. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 22173 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 5th day of August, 2009 JUDGMENT Challenging the impugned orders passed by the 4th respondent, the petitioner has resorted to the statutory remedy by way of appeals, as borne by Exts. P3, P8 and P11 proceedings filed before the second respondent. The petitioner has also filed interlocutory applications for stay as borne by Exts.P4, P9 and P12. The grievance of the petitioner is that, it is without any regard to the pendency of the above proceedings, that the respondents are proceeding with the machinery under the Kerala Revenue Recovery Act, by resorting to coercive steps as borne by Ext.P13, which hence is sought to be intercepted in the Writ Petition. 2. Heard the learned Government Pleader as well. 3.Considering the facts and circumstances, the second respondent is directed to consider the appeals as well as the interlocutory applications for stay in accordance with law, as expeditiously as possible. It is made clear that, till appropriate orders are passed on Exts. P4, P9 and P12 petitions for stay, all further coercive steps pursuant to Ext.P13, shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd