IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 18362 of 2009(M) ---------------------------------------- PETITIONER(S): ------------------------ K.S.ABDUL KAREEM, K.S.GRANITES, KANNIMANGALAM, MALAYATTOOR, ERNAKULAM DISTRICT. BY ADV. MR.R.MURALIDHARAN (AROOR) RESPONDENT(S): --------------------------- 1. THE COMMERCIAL TAX OFFICER, DEPARTMENT OF COMMERCIAL TAXES, ANGAMALY. 2. THE COMMERCIAL TAX OFFICER (AUDIT ASSESSMENT), MATTANCHERRY AT MINI CIVIL STATION, ALUVA. 3. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. 4. INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, MATTANCHERRY. BY GOVT. PLEADER MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 18362 OF 2009 ----------------------------------- Dated this the 1st day of July, 2009 JUDGMENT Ext.P1 assessment order passed by the second respondent with respect to the assessment year 2006-07 has already been subjected to challenge by filing Ext.P2 appeal, along with Ext.P3 petition for stay before the third respondent. The case of the petitioner is that, it is without any regard to the pendency of the above proceeding that, the machinery under the Kerala Revenue Recovery Act has been moved against the petitioner as evident from Ext.P4, which hence is under challenge. 2. Heard the learned Government Pleader appearing for the respondents as well. 3. Considering the facts and figures, the third respondent is directed to consider and pass appropriate orders on Ext.P2 memorandum of appeal and also Ext.P3 petition for stay, as expeditiously as possible. However it is made clear that till such orders are passed on Ext.P3 petition for stay, all further coercive steps taken against the petitioner pursuant to Ext.P4 shall be kept in abeyance. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc