IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 17149 of 2009(K) -------------------------- PETITIONER(S): --------------- P.M.ASHRAF, PROPRIETOR, KALPAKA CHICKEN AGENCY, PUTHANATHANI, PUNNATHALA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.ARIKKAT VIJAYAN MENON SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT(S): --------------- 1. COMMERCIAL TAX OFFICER (AA), DEPARTMENT OF COMMERCIAL TAXES, MALAPPURAM. 2. DEPUTY COMMISSIONER OF COMMERCIAL TAXES (APPEALS), ERNAKULAM. 3. INSPECTING ASST.COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, MANJERI. BY GOVERNMENT PLEADER Mr.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 17149 OF 2009 ----------------------------------- Dated this the 22nd day of June, 2009 JUDGMENT Ext.P1 order of assessment, passed by the first respondent has been subjected to challenge by filing Ext.P2 appeal along with Ext.P3 petition for stay, which is stated as pending before the second respondent. The grievance of the petitioner is that the respondents are proceeding with coercive steps under the Kerala Revenue Recovery Act, without any regard to the pendency of the above proceedings; which made the petitioner to approach this Court by filing the above Writ Petition. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the second respondent is directed to consider Ext.P2 appeal and P3 petition for stay, in accordance with law, as expeditiously as possible. Till such appropriate orders are passed on Ext.P3 petition for stay, all the coercive proceedings being pursued against the petitioner shall be kept in abeyance. The Writ Petition is disposed of accordingly. (P.R.RAMACHANDRA MENON, JUDGE) dnc