IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 W.P.(C) No. 3166 of 2008(B) ---------------------------------- PETITIONER: -------------- V. MOHAMMED NIZABUDHEEN, S/O. N.A. UMMER, NAMMANDA HOUSE, CHERUVAYOOR (VIA), VAZHAKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.G.HARIHARAN RESPONDENTS: ----------------- 1. DEPUTY COMMISSIONER OF COMMERCIAL TAXES (APPEALS), KOZHIKODE. 2. INTELLIGENCE OFFICER (IB) II, OFFICE OF THE DEPARTMENT OF COMMERCIAL TAXES, SALES TAX COMPLEX, JAWAHAR NAGAR COLONY, ERANHIPPALAM, KOZHIKODE. 3. P. MOHAMMED, S/O. ALAVI HAJI, AGED 60 YEARS, PARAMBAN HOUSE, EDAVANNA P.O., MALAPPURAM DISTRICT-676541, ERANAD TALUK. 4. P. SIDHIQUE PANDIKASALA, S/O. NOORDEEN, AGED 34 YEARS, NOORIYA MANZIL, FEROKEPETTA, KOZHIKODE DISTRICT-673631. 5. ABINAYAA IMPORTS AND EXPORTS, NO.26 E-9, KAMARAJAR NAGAR, 3RD MILE, THOOTHUKUDI-628 008, TAMILNADU. 6. TAHSILDAR, ERANAD, MANJERI. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 3166 OF 2008 B ===================== Dated this the 28th day of January, 2008 J U D G M E N T Ext.P5 is an order of penalty imposed on the petitioner against which the petitioner has filed Ext.P6 appeal along with Ext.P7 petition for stay. It is stated that during the pendency of the appeal and the stay petition without orders, revenue recovery proceedings have been initiated against the petitioner and Exts.P8 and P9 are the notices that are issued. It is challenging revenue recovery proceedings that this writ petition has been filed. 2. In view of the pendency of the appeal and the stay petition, I dispose of this writ petition directing that the 1st respondent, before whom the appeal is pending, shall consider Ext.P7 stay petition filed by the petitioner. This shall be done as expeditiously as possible, at any rate within four weeks of WPC 3166/08 :2 : production of a copy of this judgment. 3. In the meantime, further proceedings pursuant to Exts.P8 and P9 will stand deferred for six weeks. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Rp