IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 9704 of 2007(E) -------------------------------- PETITIONER(S): ------------------- P.MEHAMOOD, FATHIMAHAL, KUPPAM, THALIPARAMBA, KANNUR DISTRICT. BY ADVS. SRI.BOBBY JOHN SRI.P.N.DAMODARAN NAMBOODIRI RESPONDENT(S): -------------------- 1. THE INTELLIGENCE OFFICER (IB), COMMERCIAL TAXES, KOLLAM. 2. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, KOLLAM. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, KANNUR. R2 & R3 BY GOVT.PLEADER SRI.K.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 9704/2007(E) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PENALTY ORDER FOR THE YEAR 2001-02 DATED 09/11/2006 PASSED BY THE R1. P2: COPY OF THE PENALTY ORDER FOR THE YEAR 2002-03 DATED 09/11/2006 PASSED BY THE R1. P3: COPY OF THE PENALTY ORDER FOR THE YEAR 2003-04 DATED 09/11/2006 PASSED BY THE R1. P4: COPY OF THE PENALTY ORDER FOR THE YEAR 2005-06 DATED 09/11/2006 PASSED BY THE R1. P5: COPY OF THE REVISION FOR YEAR 2001-02 DATED 15/01/2007 FILED BY THE PETITIONER BEFORE THE R2. P6: COPY OF THE REVISION FOR YEAR 2002-03 DATED 15/01/2007 FILED BY THE PETITIONER BEFORE THE R2. P7: COPY OF THE REVISION FOR YEAR 2003-04 DATED 15/01/2007 FILED BY THE PETITIONER BEFORE THE R2. P8: COPY OF THE REVISION FOR YEAR 2004-05 DATED 15/01/2007 FILED BY THE PETITIONER BEFORE THE R2. P9: COPY OF THE STAY PETITION FOR YEAR 2001-02 DATED 15/01/2007 FILED BY THE PETITIONER BEFORE THE R2. P10: COPY OF THE STAY PETITION FOR YEAR 2002-03 DATED 15/01/2007 FILED BY THE PETITIONER BEFORE THE R2. P11: COPY OF THE STAY PETITION FOR YEAR 2003-04 DATED 15/01/2007 FILED BY THE PETITIONER BEFORE THE R2. P12: COPY OF THE STAY PETITION FOR YEAR 2004-05 DATED 15/01/2007 FILED BY THE PETITIONER BEFORE THE R2. P13: COPY OF THE EARLY HEARING PETITION FOR YEAR 2001-02 DATED 15/01/2007 FILED BY THE PETITIONER BEFORE THE R2. P14: COPY OF THE EARLY HEARING PETITION FOR YEAR 2002-03 DATED 15/01/2007 FILED BY THE PETITIONER BEFORE THE R2. ........2/-... ...2... P15: COPY OF THE EARLY HEARING PETITION FOR YEAR 2003-04 DATED 15/01/2007 FILED BY THE PETITIONER BEFORE THE R2. P16: COPY OF THE EARLY HEARING PETITION FOR YEAR 2004-05 DATED 15/01/2007 FILED BY THE PETITIONER BEFORE THE R2. P17: COPY OF THE NOTICE DATED 13/03/2007 ISSUED BY THE R3 UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs/ P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 9704 OF 2007 ......................................................................... Dated this the 28th October, 2010 J U D G M E N T The petitioner has approached this court with the following prayers: “i) to issue a writ in the nature of mandamus or any other appropriate writ or order directing th 2nd respondent to dispose of Exts. P5, P6, P7 and P8 revision applications expeditiously within a time limit fixed by this Hon'ble Court. ii) to issue a writ in the nature of mandamus or any other appropriate writ or order directing the 2nd respondent to dispose of Exts.P9, P10, P11 and P12 stay petitions expeditiously within a time limit fixed by this Hon'ble Court. iii) to issue a writ in the nature of mandamus or any other appropriate writ or order directing the 1st and 3rd respondentS not to initiate any coercive recovery steps against the petitioner pursuant to Exts.P1, P2, P3 and P4 penalty orders during the pendency of Exts.P5, P6, P7 W.P.(C) No. 9704 OF 2007 2 and P8 revision applications. iv) to pass such other orders as this Hon'ble Court may deem justified in the facts and circumstances of the case; AND V) to award the cost of this proceedings to the petitioner. 2. When the matter came up for consideration on 21.03.2007, the matter was admitted granting an interim order as follows: “Admit. Issue notice. If Exts.P9 to P12 stay petitions are received and pending, the second respondent will consider and pass orders therein, in accordance with law, within two weeks from the date of production of a copy of this order. Further proceedings pursuant to Ext.P17 shall be kept in abeyance for three weeks from today.” 2. Obviously, the petitioner has not turned up before this Court by filing any petition for extension of the interim order. It appears that the said interim order has already taken care of the W.P.(C) No. 9704 OF 2007 3 situation and the petitioner has obtained substantial relief with regard to the challenge against the recovery proceedings. In the said circumstances, no further orders are called for, but for making it clear that the second respondent shall consider and finalise Exts.P5 to P8 revision petitions, if the same are still pending and pass appropriate orders thereon, in accordance with law, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of the judgment. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk