IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 6346 of 2010(P) ------------------------- PETITIONER: --------------- M/S. KALLARAKKAL MAHARANI GOLD SUPER MARKET, M.G.ROAD, KASARAGOD REP. BY ITS PROPRIETOR SHRI.K.O.ANTO. BY ADV. SRI.T.M.SREEDHARAN SMT.C.K.SHERIN SRI.V.P.NARAYANAN RESPONDENTS: --------------- 1. THE ASSISTANT COMMISSIONER(KVAT), SPECIAL CIRCLE, DEPARTMENT OF COMMERCIAL TAXES, KASARAGOD. 2. THE DEPUTY COMMISSIONER(APPEALS) DEPARTMENT OF COMMERCIAL TAXES, NIRMAL ARCADE, ERANJIPALAM, CALICUT. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, KASARAGOD. BY GOVERNMENT PLEADER ADV. MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 6346 OF 2010 ......................................................................... Dated this the 1st March , 2010 J U D G M E N T Challenging the impugned order(Ext.P5) passed by the first respondent the petitioner has filed statutory appeals before the second respondent as borne by Exts. P6 and P7.. Along with the appeals, the petitioner has also preferred Ext.P6(a) and P7(a) petitions for stay and Exts.P6(b) and P7(b) petitions for early hearing of the appeals. The grievance of the petitioner is that, it is without any regard to the pendency of the said proceedings, that coercive proceedings are being pursued as borne by Exts.P8 and P9, which hence are sought to be intercepted 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 Exts.P6(a) and P7(a) petitions for stay, in accordance with W.P.(C) No. 6346 OF 2010 2 law, 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 Exts. P6(a) and P7(a) petitions for stay, all further recovery proceedings pursuant to Exts. P8 and P9 shall be kept in abeyance. The Writ Petition is disposed of, as above. P.R. RAMACHANDRA MENON, JUDGE. lk