IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 3351 of 2010(T) ------------------------- PETITIONER: --------------- COMFOAMS LTD., K.K.ROAD, KOTTAYAM, REP. BY ITS DIRECTOR SRI.THOMAS JACOB. BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.K.S.HARIHARAN NAIR RESPONDENTS: --------------- 1. ASSISTANT COMMISSIONER(ASSESSMENT), COMMERCIAL TAXES(SPECIAL CIRCLE), KOTTAYAM. 2. THE DY.COMMISSIONER(APPEALS), KOLLAM. 3. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, KOTTAYAM. BY GOVT. PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 3351 OF 2010 ......................................................................... Dated this the 2nd February, 2010 J U D G M E N T Challenging Ext. P1 order, the petitioner has preferred Ext. P2 appeal along with Ext.P3 petition for stay and Ext.P4 petition for early hearing of the appeal before the second respondent. The grievance projected in the Writ Petition is that it is without any regard to the pendency of the above proceedings, Ext.P5 notice has been issued invoking the machinery under the Revenue Recovery Act, which hence is under challenge in this Writ petition. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the second respondent is directed to consider and pass appropriate orders on Ext.P3 petition for stay, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of the judgment. It is made clear that till such orders are passed on W.P.(C) No. 3351 OF 2010 2 Ext.P3 petition for stay, all further proceedings pursuant to Ext. P5 shall be kept in abeyance. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk