IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 8471 of 2010(H) -------------------------------------- PETITIONER(S): ----------------------- M/S.ARK POWER CONTROLS PVT.LTD., THADIKKARAN CENTRE, PALARIVATTOM, REPRESENTED BY ITS DIRECTOR, MEJO JOSEPH. BY ADV. SMT.S.K.DEVI, MR.M.RAJ MOHAN. RESPONDENT(S): -------------------------- 1. THE ASST. COMMISSIONER (ASSMT), SPL.CIRCLE II, DEPT. OF COMMERCIAL TAXES, EDAPALLY, KOCHI-24. 2. THE COMMERCIAL TAX OFFICER, KVAT CIRCLE IV, ERNAKULAM. 3. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. 4. THE INSPECTING ASST.COMMISSIONER, DEPT. OF COMMERCIAL TAXES, ERNAKULAM, KOCHI-30. R1 TO R4 BY GOVERNMENT PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R. RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.8471 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of March 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T Challenging Ext.P1 assessment order for the assessment year 2006-07, the petitioner has preferred Ext.P4 appeal along with Ext.P5 petition for stay, which are pending consideration before the 3rd respondent. Similarly, the petitioner has also preferred Ext.P3 request before the 2nd respondent, to transfer the entire chalans pertaining to the year 2006-07, to enable the 1st respondent to give credit for the payments. The petitioner is aggrieved of the recovery proceedings being pursued in the meanwhile and of the delay in finalising the proceedings as above, which are under challenge in this writ petition. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the 3rd respondent is directed to consider and pass appropriate W.P.(C).No.8471 of 2010 2 orders on Ext.P5 petition for stay, in accordance with law, as expeditious as possible, at any rate within one month from the date of receipt of a copy of this Judgment. 4. Similarly, the 2nd respondent is directed to consider the request made by Ext.P3 and to pass appropriate orders at the earliest, at any rate within 10 days from the date of receipt of a copy of this Judgment. It is made clear that, till appropriate orders are passed on Ext.P5 petition for stay by the 3rd respondent, all further recovery proceedings stated as being pursued against the petitioner shall be kept in abeyance. The writ petition is disposed of as above. P.R. RAMACHANDRA MENON JUDGE nl