IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 W.P(C).No. 9133 of 2008(K) -------------------------------------- PETITIONER: ------------------ M.DEVADAS,PROPRIETOR, 'GANDHI GRAMAM' THALIPUZHA, KALPETTA, WAYANAD DISTRICT. BY ADV. SRI.SARVOTHAMAN RESPONDENTS: --------------------- 1. COMMERCIAL TAX OFFICER,VYTHIRI, DEPARTMENT OF COMMERCIAL TAXES VAT CIRCLE ,KALPETTA, WAYANAD DISTRICT. 2. THE DEPYTY COMMISSIONER, COMMERCIAL TAXES,KOZHIKODE. 3. DEPUTY TAHSILDAR, (REVENUE RECOVERY) VYTHIRI TALUK OFFICE, WAYANAD DISTRICT 4. VILLAGE OFFICER, KUNNATHIDAVAKA VILLAGE OFFICE, WAYANAD DISTRICT. 5. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT, FINANCE & TAXES DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 9133 OF 2008 - K = = = = = = = = = = = = = = Dated this the 18th day of March, 2008 J U D G M E N T It is submitted by the counsel for the petitioner that against Ext. P1 order of assessment, petitioner has filed Ext. P4 appeal and Ext. P5 petition for stay. The appeal and the stay petition filed by the petitioner are pending consideration of the 2nd respondent. In the meanwhile, recovery proceedings initiated by Ext. P2 is being continued and hence this writ petition. 2. Having regard to the facts as stated by the petitioner, I dispose of this writ petition directing that the 2nd respondent shall consider and pass orders on Ext. P5 application for stay filed by the petitioner. This, the 2nd respondent shall do as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. In the meantime further proceedings pursuant to Ext. P2 will stand deferred for a period of 6 weeks from today. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC JUDGE jan/-