IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 26560 of 2008(J) -------------------------- PETITIONER: ------------ C.P.ABOOBACKER SIDDIQUE, SOUTH INDIAN RUBBER PRODUCTS, CHELARI. BY ADV. SRI.P.RAGHUNATH SRI.PREMJIT NAGENDRAN SMT.K.B.SUBHAGAMANI RESPONDENTS: ------------- 1. SALES TAX OFFICER, TIRURANGADI. 2. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOZHIKODE. 3. THASILDAR, TIRUR. BY GOVERNMENT PLEADER SRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 26560 of 2008 -------------------------------------------------------- Dated: SEPTEMBER 4, 2008 JUDGMENT Petitioner is aggrieved by recovery proceedings in pursuance of which sale is scheduled to take place tomorrow. 2. It is stated that against Ext.P4 order of assessment under the CST Act, he has filed Ext.P11 appeal along with Exts.P12 and P13 petitions for condonation of delay and seeking stay of recovery in pursuance to Ext.P4. According to him, it is during the pendency of Exts.P11 to P13 that the revenue recovery proceedings have been initiated. 3. Having regard to the pendency of the appeal and the petitions as noticed above, I am inclined to direct that the revenue recovery proceedings be deferred until the 2nd respondent before whom the appeal and the petitions are pending, considers the petitions and pass orders thereon. 4. Accordingly I dispose of this writ petition directing WP(C) 26560/08 2 that the 2nd respondent shall take up, consider and pass orders on Exts.P12 and P13 for delay condonation and stay as expeditiously as possible, and at any rate, within two weeks of production of a copy of this judgment. 5. It is directed that until orders are passed as above, further proceedings pursuant to Ext.P14 sale notice shall be kept in abeyance. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE Issue copy today itself. mt/-