IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 W.P(C).No. 6261 of 2008(U) --------------------------------- PETITIONER: -------------- M/S. M.S. WIRE PRODUCTS, MEKKONE, KOTTAMKARA, CHANDANATHOPPE P.O., KOLLAM-14, REPRESENTED BY ITS PROPRIETRIX S.SHAJIMA. BY ADV. SRI.K.G.ANIL BABU RESPONDENTS: ----------------- 1. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOLLAM. 2. THE COMMERCIAL TAXES OFFICER, KUNDARA, KOLLAM. 3. THE TAHSILDAR (R.R), KOLLAM. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 6261 OF 2008 U ==================== Dated this the 22ndday of February, 2008 J U D G M E N T Petitioner submits that against Ext.P4 order of assessment, the petitioner has filed Ext.P5 appeal and that the said appeal is pending before the 1st respondent. While the appeal is pending, apprehending recovery proceedings this writ petition has been filed. 2. In view of the pendency of the appeal, I direct that the 1st respondent shall take up the appeal, consider the same with notice to the petitioner and pass final orders. This shall be done, as expeditiously as possible, at any rate within six weeks of production of a copy of this judgment. Since the petitioner is relying on Ext.P2 certificate and is asserting its claim for complete exemption, I direct that any proceedings for realisation of the amount due under Ext.P4 assessment order shall be kept in abeyance pending final orders in the appeal filed by the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Rp