IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 WP(C).No. 21014 of 2010(B) -------------------------- PETITIONERS: --------------- M/S.ASWINI HOSPITAL PVT.LTD., (ASWINI HOSPITAL PHARMACY), KARUNAKARAN NAMBIAR ROAD, THRISSUR-680 020, REPRESENTED BY DR.C.N.PARAMESWARAN, MANAGING DIRECTOR. BY ADV. SRI.K.M.FIROZ RESPONDENTS: --------------- 1. THE COMMERCIAL TAX OFFICER, COMMERCIAL TAXES DEPARTMENT, FIRST CIRCLE, THRISSUR. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES DEPARTMENT, SALES TAX COMPLEX, PERUMANNOOR, ERNAKULAM, COCHIN-15. 3. INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, THRISSUR-680 004. 4. THE APPELLATE ASSISTANT COMMISSIONER, COMMERCIAL TAXES DEPARTMENT, SALES TAX COMPLEX, PERUMANNOOR, ERNAKULAM, COCHIN-15. BY GOVT. PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.21014 of 2010-B ---------------------------- Dated this the 7th day of July, 2010. J U D G M E N T Challenging Ext.P1 assessment order for the assessment year 2005-06, passed by the first respondent, the petitioner has filed Ext.P2 appeal, along with Ext.P3 petition for stay, which are pending consideration before the second respondent. 2. The grievance of the petitioner is that, without any regard to the pendency of the said proceedings, the third respondent has initiated recovery proceedings invoking the provisions under the Revenue Recovery Act, as borne by Ext.P4, which is sought to be intercepted by this Court. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the second 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 appropriate orders are passed on Ext.P3 petitions for stay, all further proceedings pursuant to Ext.P4 shall be kept in abeyance. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE ab //True Copy//