IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 WP(C).No. 13491 of 2009(F) -------------------------- PETITIONER: --------------- MEDI DRUGS, 18/1280-E, TALI SQUARE, PUTHIYAPALAM ROAD, KOZHIKODE 673002 REPRESENTED BY ITS MANAGING PARTNER SRI.P.M.SURESH BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM) RESPONDENTS: --------------- 1. ASST.COMMISSIONER-II, COMMERCIAL TAXES SPECIAL CIRCLE-I, KOZHIKODE. 2. THE DY.COMMISSIONER (APPEALS), KOZHIKODE. 3. SALES TAX OFFICER (RECOVERY), OFFICE OF THE DY.COMMISSIONER, COMMERCIAL TAXES, KOZHIKODE. GOVT.PLEADER, SRI.K.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. --------------------------- W.P.(C)No.13491 OF 2009 ------------------------------- DATED THIS THE 12th DAY OF MAY, 2009 J U D G M E N T ~~~~~~~~~~~ Aggrieved by Exts.P2 and P3 assessment orders pertaining the years 2005-2006 and 2006-2007, the petitioner had filed Exts.P4 and P5 appeals before the 2nd respondent. The petitioner had also filed Exts.P6 and P7 applications for stay along with the appeals. The complaint of the petitioner is that pending disposal of the appeals and stay petitions, now recovery steps have initiated pursuant to issuance of Exts.P8 and P9 revenue recovery notices. Since the statutory appeals and stay petitions are pending disposal before the 2nd respondent, I am not inclined to grant absolute stay till disposal of the appeals. 2. Under such circumstances, the 2nd respondent is directed to consider and pass appropriate orders on Exts.P6 and P7 stay applications, at the earliest, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. The revenue recovery steps now initiated pursuant to Exts.P8 and W.P.(C) No.13491/2009 2 P9 are directed to be kept in abeyance, till the 2nd respondent passes orders on the stay applications as directed above. The petitioner is directed to produce a copy of this judgment before the 2nd respondent, forthwith. The Writ Petition is disposed of as above. C.K.ABDUL REHIM, JUDGE. ps