IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 5807 of 2010(A) ------------------------- PETITIONER(S): --------------- M/S.K.K.RANGASWAMY & SONS, POLLACHI ROAD, KOZHINJAMPARA, REP. BY ITS PARTNER, K.R.SURESH KUMAR. BY ADV. SRI.N.MURALEEDHARAN NAIR SRI.T.G.ABHILASH RESPONDENT(S): --------------- 1. THE COMMERCIAL TAX OFFICER-II, CHITTUR, PALAKKAD DISTRICT. 2. DEPUTY COMMISSIONER(APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 3. INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT COMMERCIAL TAXES, CHITTUR, PALAKKAD DISTRICT. GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 5807 of 2010 -------------------------------------- Dated, this the 23rd day of February, 2010 J U D G M E N T Being aggrieved of Ext.P1 assessment order passed by the first respondent, the petitioner has approached the appellate authority by filing Ext.P2 appeal, along with Ext.P3 petition for stay and also Ext.P4 petition for early hearing. The grievance of the petitioner is that, it is without any regard to the pendency of the said proceedings, that the 3rd respondent had issued Ext.P5 notice under the Kerala Revenue Recovery Act; 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 2nd respondent is directed to consider and pass appropriate orders on Ext.P3 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. It is made clear that till such appropriate orders are passed on Ext.P3, all further proceedings pursuant to Ext.P5 shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc