IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 14434 of 2010(D) -------------------------- PETITIONER: --------------- A.M.SALIL SAIFEE, S/O. A.M.MOIDEEN KUTTY AGED 35 YEARS, ,MANAGING PARTNER, M/S. YEMKAY STEELS, JEWS STREET, ERNAKULAM. BY ADV. MR. UNISE MOHAMED KUNJU MR. SAKIR.K.H. RESPONDENTS: --------------- 1. THE COMMIERCIAL TAX OFFICER, KVAT CIRCLE II, ERNAKULAM. 2. THE COMMERCIAL TAX OFFICER, REVENUE RECOVERY, ERNAKULAM AT KAKKANAUD, KANAYANNOOR TALUK, ERNAKULAM. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. 4. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAX DEPARTMENT, THEVARA, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER MR. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 14434 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 19th day of May, 2010 JUDGMENT The petitioner has approached this Court with the following prayers: i. To call for the records relating to Exts. P4 and P5 Demand Notices issued by the3rd respondent through the second respondent and to quash the same by issuing a Certiorari or any other appropriate writ, order or direction. ii. To call for the records relating to Ext. P2 order bearing No. 32070232102/09-10 (September 2009) dt. 14.12.2009 and Ext. P3 order bearing No. 32070232102/09-10 (10/2009) dt. 8.1.2010 passed by the 1st respondent and to quash the same by issuing a writ of Certiorari or any other appropriate writ, order or direction. iii. To stay all further proceedings of Exhibit P4 and P5 Demand Notices, till passing of orders in the appeal to be filed by the petitioner before the 4th respondent, challenging Ext.P2 order bearing No. 32070232102/09-10 (September 2009) dt. 14.12.09 and Ext. P3 order bearing No. 32070232102/09-10 (10/2009) dt. 8.1.2010 passed by the 1st respondent along with the stay petition. iv. Any other reliefs which may be prayed for from time to time, in the interest of justice. 2. When the matter came up for consideration before this Court on 6.5.2010, it was observed that the petitioner could pursue the remedy as provided under the relevant Statute and with this intend coercive proceedings were intercepted for a short while. 3. The learned counsel for the petitioner submits that though the copy of the impugned order was served to the petitioner, it happened to W.P. (C) No. of 2010 : 2 : be misplaced and that the petitioner has made a fresh application to obtain certified copy so as to challenge the same, by availing the alternate remedy, which requires some time. 4. Heard the learned Government Pleader as well. 5. In the above facts and circumstances, the first respondent is directed to serve a certified copy of the impugned order to the petitioner within one week from the date of receipt of a copy of judgment and it will be open to the petitioner to pursue the alternate remedy immediately thereafter simultaneously seeking for interim relief, if any. The interim order passed by this Court on 6.5.10 will continue for a further period of one month. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd