IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 21041 of 2009(A) -------------------------- PETITIONER: --------------- JOSEPH CHACKO,PROPRIETOR,M/S.LAKE PALACE FAMILY RESORT,PALLICHIRA,KUMARAKOM NORTH .P.O, KOTTAYAM,RESIDING AT THOTTICHIRAYIL HOUSE, KUMARAKOM.P.O,KOTTAYAM. BY ADV. MR. C.K.SREEJITH RESPONDENTS: --------------- 1. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES DEPARTMENT, THEVALLY P.O., KOLLAM 2. COMMERCIAL TAX OFFICER, (WORKDS CONTRACT & LUXURY TAX) KOTTAYAM 3. DEPUTY THASILDHAR (RR) KOTTAYAM 4. STATE OF KERALA - REPRESENTED BY THE SECRETARY TO GOVERNMENT (TAXES) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM BY GOVERNMENT PLEADER MR. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 21041 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 27th day of July, 2009 JUDGMENT Challenging Exts. P1 and P2 assessment orders passed by the second respondent, the petitioner has filed Exts.P5 and P6 memorandum of appeals before the second respondent, way back in September, 2008. The grievance of the petitioner is that, it is without any regard to the pendency of the statutory appeals, that the respondents have proceeded with the coercive steps under the Kerala Revenue Recovery Act, as evident from Ext.P7, which hence is sought to be interfered by this Court in the present Writ Petition. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the petitioner is directed to deposit a sum of Rs.50,000/- within two weeks and on such an event the first respondent shall consider and pass appropriate orders on Exts. P5 and P6 appeals in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible. It is made clear, till such final orders are passed on Ext.P5 and P6, all further coercive proceedings stated as being pursued against the petitioner, pursuant to Ext.P7, shall be kept in abeyance The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd