IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 3879 of 2010(H) ------------------------- PETITIONER(S): --------------- M/S. HIMALAYA GRANITES, KADAMPUZHA, MALAPPURAM DISTRICT REPRESENTED BY ITS MANAGING PARTNER, ABOOBACKER.T. BY ADV. SRI.N.MURALEEDHARAN NAIR SMT.K.HYMAVATHY RESPONDENT(S): --------------- 1. COMMERCIAL TAX OFFICER, AGRICULTURAL INCOME TAX & COMMERCIAL TAX OFFICE, KOTTAKKAL. 2. DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 3. INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, MALAPPURAM AT MANJERI. BY GOVT. PLEADER SRI. C.K GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.3879 of 2010 -------------------------- Dated this the 5th February, 2010 J U D G M E N T Challenging Ext.P1 assessment order passed by the 1st respondent in the respect the year 2007-2008, the petitioner has already approached the 2nd respondent by filing statutory appeal as borne by Ext.P2 along with Ext.P3 petition for stay and also Ext.P4 petition for early hearing. The grievance of the petitioner is that, it is without any regard to the pendency of the said proceedings, that the recovery steps as per Ext.P5 have been initiated under the Kerala Revenue Recovery Act, which is under challenge in this writ petition. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the 2nd respondent is directed to consider and pass appropriate orders on Ext.P3 petition for stay, in accordance with law, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. It is made clear that till W.P (C) No.3879 of 2010 2 such orders are passed on Ext.P3, all further coercive proceedings pursuant to Ext.P5 shall be kept in abeyance. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE ma W.P (C) No.3879 of 2010 3