IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 9538 of 2008(I) ------------------------- PETITIONER: ------------ K.J.ANTONY, PROPRIETOR M/S.KONATHAPPALLY ENTERPRISES CHITTOOR ROAD, ERNAKULAM KOCHI 35. BY ADV. SMT.S.K.DEVI RESPONDENTS: ------------- 1. THE ASST. COMMISSIONER (ASSMT) COMMERCIAL TAXES SPL. CIRCLE II, ERNAKULAM 682015 2. THE ASST. COMMISSIONER (AUDIT ASSESSMENT) COMMERCIAL TAXES ERNAKULAM 682015 3. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES ERNAKULAM 682015 BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.3.08, THE COURT ON 19/03/2008 DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 9538 OF 2008 ----------------------------------------------- Dated this the 19th day of March, 2008 JUDGMENT Against Ext.P1 order of assessment, the petitioner has filed Ext.P2 appeal and Ext.P3 stay petition, which are pending consideration of the 3rd respondent. Without considering Exts.P2 and P3, respondents initiated Revenue Recovery Proceedings. Challenging this, the writ petition has been filed. 2. Having regard to the pendency of the appeal and stay petition, this Writ Petition is disposed of directing that the 3rd respondent shall hear and pass orders on Ext.P2 and P3. This shall be done within eight weeks of production of a copy of this judgment. In the meantime, on the petitioner remitting Rs.2 lakhs before 31.03.08, further proceedings in pursuance to Ext.P1 will stand stayed, until the appeal is disposed of. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE ttb WPC No. 6246 OF 2008 2 WPC No. 6246 OF 2008 3