IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 2748 of 2008(B) ------------------------- PETITIONER: ------------- M/S. PLAKKATTU GRANITES (P) LTD., PAYYANAMON, KONNI, PATHANAMTHITTA, REPRESENTED BY ITS MANAGING DIRECTOR, JACOB THOMAS. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF COMMERCIAL TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SALES TAX APPELLATE TRIBUNAL, THIRUVANANTHAPURAM. 3. DEPUTY COMMISSIONER (APPEALS), KOLLAM-1. 4. SALES TAX OFFICER, (COMMERCIAL TAXES), PATHANAMTHITTA. 5. TAHSILDAR (R.R.), PATHANAMTHITTA. BY GOVERNMENT PLEADER, SRI.C.K.GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------- W.P(C) No. 2748 OF 2008 ----------------------------------- Dated this the 23rd day of January, 2008 JUDGMENT Ext.P6 assessment order issued by the 3rd respondent was challenged by the petitioner and the appeal was dismissed by Ext.P8 order. Against this order petitioner filed Ext.P9 appeal before the 2nd respondent. Along with the appeal, the petitioner has filed Ext.P10 seeking stay of the recovery of the amount due. While orders are not passed on the stay petition, coercive action was initiated against the petitioner and Exts.P11 and P11 (a) Revenue Recovery notices have been issued. Challenging the Revenue Recovery Proceedings, this Writ Petition has been filed. Taking into account the pendency of the appeal and the stay petition before the 2nd respondent, I dispose of this writ petition itself directing that within four weeks of production of a copy of this judgment, the 2nd respondent shall pass orders on Ext.P10 stay petition, filed along with Ext.P9 appeal. In the meanwhile, further proceedings pursuant to Exts.P11 and P11(a) Revenue Recovery WPC No. 2748 of 2008 2 notices will stand deferred for a period of six weeks from today. The Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE btt WPC No. 2748 of 2008 3