IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 7597 of 2008(D) ------------------------- PETITIONER: ------------ M/S.GEORGE SONS & COMPANY, ADOOR, PATHANAMTHITTA, REP. BY ITS MANAGING PARTNER-GEORGE BABY. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: ------------- 1. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOLLAM. 2. COMMERCIAL TAX OFFICER (AA), PATHANAMTHITTA. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PATHANAMTHITTA. BY GOVERNMENT PLEADER SRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 7597 of 2008 ------------------------------------- Dated: MARCH 4, 2008 JUDGMENT Ext.P1 order of assessment is under challenge in Ext.P2 appeal wherein the petitioner has sought a stay by filing Ext.P3 also. The appeal and the stay petition are pending consideration of the 1st respondent. In the meantime, recovery proceedings are initiated by Ext.P4 and hence this writ petition. 2. In view of the pendency of the appeal and the stay petition before the 1st respondent as noticed above, I feel that Ext.P3 application should be considered before recovery is continued pursuant to Ext.P4. 3. Accordingly, there will be a direction to the 1st respondent to consider Ext.P3 application for stay. Orders shall be passed as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. In the meantime, all further WP(C) 7597/08 Page numbers proceedings pursuant to Ext.P4 will stand stayed for a period of six weeks from today. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-