IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 WP(C).No. 1189 of 2008(N) ------------------------- PETITIONER: --------------- M/S. PATTENA WOOD INDUSTRIES, NEAR BLOCK OFFICE, NILESHWAR, PUTHERIYADUKKAM, KASARGOD, REPRESENTED BY IT'S PROPRIETOR, A.RAGHAVAN NAIR. BY ADV. SRI.K.V.RAJENDRAN SRI.P.R.RAJA RESPONDENTS: ------------------ 1. THE DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, KOZHIKODE. 2. INTELLIGENCE OFFICER, SQUAD NO.II, KASARGOD. 3. THE SALES TAX OFFICER, HOSDURG. 4. SPECIAL DEPUTY TAHSILDAR (RR), HOSDURG. 5. THE VILLAGE OFFICER, PERLA VILLAGE, HOSDURG TALUK. BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 1189 OF 2008 ===================== Dated this the 10th day of January, 2008 J U D G M E N T Petitioner submits that against Ext.P1 order of assessment, Ext.P2 appeal has been filed and during its pendency, revenue recovery steps have been taken by Exts. P3 and P4. While the counsel for the petitioner submits that an application for condonation of delay and stay petition are pending, neither of these documents have been produced in the writ petition nor has the petitioner made reference to these applications in the writ petition. 2. In view of the above, I am constrained to think that there is no such application. At any rate, in the absence of any order of restraint, respondents cannot be faulted for the recovery action that they ave taken. 3. Be that as it may, now that Ext.P2 appeal is pending, WPC 1189/08 :2 : this shall be considered by the 1st respondent, as expeditiously as possible, at any rate within eight weeks of production of a copy of this judgment. 4. In the meantime, further proceedings pursuant to Exts.P3 and P4 will stand deferred on condition that within three weeks from today, the petitioner remits 50% of the amount due therein. Petitioner shall produce copy of this judgment before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Rp