IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 10611 of 2010(B) --------------------------------------- PETITIONER(S): ----------------------- ESBESONS ENGINEERING COMPNAY, ROOM NO.2, 1ST FLOOR, VIJAYA MANSION ANNIE HALL ROAD, CALICUT-673 002, REPRESENTED BY ITS PARTNER B.PADMANABHAN. BY ADV. MR.R.RAMADAS RESPONDENT(S): -------------------------- 1. THE COMMERCIAL TAX OFFICER (WORKS CONTRACT & LUXURY TAXES), DEPARTMENT OF COMMERCIAL TAXES, SALES TAX COMPLEX, JAWAHAR NAGAR, KOZHIKODE. 2. THE INTELLIGENCE OFFICER (I/C OF I.B.) COMMERCIAL TAXES, PATHANAMTHITTA. 3. THE SALES TAX OFFICER (RECOVERY) OFFICE OF THE DEPUTY COMMISSIONER COMMERCIAL TAXES DEPARTMENT, KOZHIKODE-6. R1 TO R3 BY GOVERNMENT PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R. RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No. 10611 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of March, 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T The petitioner is challenging Exts.P7 to P9 and P11 raising many a ground in the Writ Petition, calling for immediate interference. 2. The learned counsel for the petitioner submits that it was only on filing of Ext.P10, that a copy of the impugned order was served to the petitioner that too, only on 25.3.2010. Ext.P11 is copy of the assessment order dated 15.10.2009, stated as now served to the petitioner. The learned counsel submits that the petitioner is constrained to approach this Court, only because of the Revenue Recovery proceedings and that the petitioner actually intends to pursue the statutory remedy, provided some breathing time is given in this regard. W.P.(C) No.10611 of 2010 -2- 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, this Court relegates the petitioner to avail the statutory remedy, in accordance with law, if at all aggrieved in any manner. So as to enable the petitioner to pursue such exercise, all further recovery proceedings shall be kept in abeyance for 3 weeks. The Writ Petition is disposed of accordingly. P.R. RAMACHANDRA MENON JUDGE nl