IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 OP.No. 10046 of 2003(U) ----------------------- PETITIONER: --------------- M/S. FRESH PRODUCTS, AMBALAKKADAVU, CHERANALLOOR, REPRESENTED BY ITS PROPRIETOR SRI. P.M. SANKARAN. BY ADV. SRI.TOMY EAPEN SRI.LIJO GEORGE RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, TAX COMPLEX, PERUMANOOR, KOCHI. 3. ADDITIONAL SALES TAX OFFICER II, COMMERCIAL TAXES, 1ST CIRCLE, ERNAKULAM. 4. DEPUTY TAHASILDAR, REVENUE RECOVERY, KANAYANNUR TALUK, ERNAKULAM. GOVERNMENT PLEADER SRI. K.P PRADEEP. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. = = = = = = = = == = = = == = = = = = = O.P. No. 10046 OF 2003 = = = = = = = = == = = = = = = = = = = = = DATED THIS, THE 17TH DAY OF SEPTEMBER , 2010. J U D G M E N T The petitioner is challenging the recovery proceedings initiated under the Revenue Recovery Act pursuant to Ext.P1 order imposing penalty in respect of the assessment year 2000-01 notwithstanding the pendency of Ext.P2 revision petition and Ext.P3 petition for stay. 2. When the matter came up for consideration before this Court on 26.3.2003, it was admitted, also granting an interim stay. The learned Government Pleader appearing for the respondents submits that going by the statistical data with regard to the year of the appeal, it is reasonably presumed that the appeal is no more pending. However, since there is no representation for the petitioner, this Court does not propose to examine the merits of the case or to arrive at a positive finding in the above regard. The original petition is dismissed for default. sd/- P.R. RAMACHANDRA MENON, (JUDGE) // true copy // P.S. To Judge. KNC/- P.R. RAMACHANDRA MENON, J. = = = = = == = = = == = = = = = = O.P. No. 10046 OF 2003 = = = = = = = = = = = = = = J U D G M E N T DATED : 17TH SEPTEMBER , 2010.