IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 W.P(C).No. 7789 of 2008(B) -------------------------------- PETITIONER: -------------- M/S. MALAMPUZHA CEMENTS & CHEMICALS (P) LIMITED, NIDA, KANJIKODE, PALAKKAD, REPRESENTED BY ITS MANAGING DIRECTOR, K.V.MOHAMMED ALI. BY ADV. SRI.N.MURALEEDHARAN NAIR SRI.V.K.SHAMUSUDHEEN RESPONDENTS: ----------------- 1. COMMERCIAL TAX OFFICER-II, SECOND CIRCLE, PALAKKAD. 2. INTELLIGENCE OFFICER, SQUAD NO.III, COMMERCIAL TAXES, PALAKKAD. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 7789 OF 2008 B = = = = = = = = = = = = = = = = Dated this the 11th March, 2008 J U D G M E N T In this writ petition against Exts. P1 and P2 assessment orders, petitioner has filed Exts. P8 and P9 appeals along with Exts. P15 and P16 stay petitions. The appeals and stay petitions are pending before the 2nd respondent. It is also stated by the petitioner that against Exts. P3 to P7 penalty orders, petitioner has filed Exts. P10 to P14 appeals. These appeals are also pending before the 2nd respondent. During the pendency of the appeals as above, revenue recovery proceedings have been initiated against the petitioner and therefore this writ petition has been filed. 2. In view of the nature of the issues that are raised, this writ petition is disposed of with the following directions: That the 2nd respondent shall consider Exts. P10 to P14 appeals with notice to the petitioner. This shall be done as expeditiously as possible, at any rate within 6 weeks of production W.P.(C) No. 7789 OF 2008 -2- of a copy of this judgment. Once orders are passed in the appeals as above, the 2nd respondent shall take up Exts. P1 and P2 appeals and dispose of the same with notice to the petitioner within 4 weeks thereafter. It is directed that in the meanwhile further proceedings for the recovery of the amount due in terms of Exts. P1 and P2 will stand deferred on condition that the petitioner remits an amount of Rs.1.75 lakhs within two weeks from today. ANTONY DOMINIC JUDGE jan/-