IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29552 of 2008(R) -------------------------------------------- PETITIONERS: ------------------ 1. HANEEFA K.K., AGED 39 YRS, S/O. IBRAHIM HAJI, M.P.11/156, KAIRALI VILLA, MOODADI NORTH, VADAKARA. 2. SAJINA HANEEFA, AGED 28 YR3S, D/O. IMBICH ALI, A.P.10/10D, KURUDI VEETTIL, MEPPAYUR. BY ADV. SRI.SAJEEV.T.PRABHAKARAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, SALES TAX DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMERCIAL TAX OFFICER, IIND CIRCLE, THALASSERY. 3. THE DEPUTY COMMISSIONER (APPEALS), KERALA SALES TAX DEPARTMENT, KOZHIKODE. 4. DEPUTY TAHSILDAR (R.R.), REVENUE RECOVERY OFFICE, VADAKARA. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 29552 OF 2008 R -------------------------------------- Dated this the 6th October, 2008 JUDGMENT Petitioners seek stay of proceedings pursuant to Exts.P3 and P4 and to consider their grounds in the Appeal pending with the third respondent. Assessments were completed for the years 2006 - 2007 and 2007 - 2008 and now the petitioners are faced with revenue recovery notices. According to petitioners, they have preferred Appeals before the third respondent. 2. I heard the learned counsel for the petitioners and also the learned Government Pleader. The Writ Petition is disposed of as follows: If the petitioners prefer applications seeking stay in the Appeals against the assessment orders for the years 2006 - 2007 and 2007 - 2008 within a period of one week from today, the third respondent will consider the same and take a decision thereon within a period of three weeks from the date of filing the applications. Till such time as a decision is taken on the WPC.29552/08 R 2 applications for stay, recovery proceedinrgs pursuant to Exts.P3 and P4 will be kept in abeyance. Petitioners will produce a copy of this Judgment before the third respondent as soon as it is made available to them. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge