By Advs.sri.harisankar v. Menon Smt.meera V.menon Sri.mahesh V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 4TH DAY OF JUNE 2012/14TH JYAISHTA 1934 WP(C).No. 12736 of 2012 (N) --------------------------- PETITIONER:----------- V.KRISHNAKUMAR, AGED 43 YEARS, KERALA CHICKEN CENTRE, MAHALIKUDAM, THENKURISSI P.O., PALAKKAD DISTRICT. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S):-------------- 1. AGRICULTURAL INCOME TAX & COMMERCIAL TAX OFFICER ALATHUR-678 541. ALATHUR-678 541. 2. ASST.COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD-678 001.3. INSPECTING ASST.COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, CHITTUR, PALAKKAD DISTRICT-678 101. BY GOVERNMENT PLEADER SMT.SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 04-06-2012, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: DSV/- WP(C).No. 12736 of 2012 (N) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DATD 22/2/12. DATD 22/2/12. EXHIBIT P2: COPY OF APPEAL FILED BY the PETITIONER BEFORE THE 2ND RESPONDENT DTD.20/4/12. THE 2ND RESPONDENT DTD.20/4/12. EXHIBIT P3: COPY OF STAY PETITION FILED BY the PETITIONER BEFORE THE 2ND RESPONDENT DTD.20/4/12. BEFORE THE 2ND RESPONDENT DTD.20/4/12. EXHIBIT P4: COPY OF NOTICE IN FROM NO.1 ISSUED BY the 3RD RESPONDENT DTD.26/5/12. RESPONDENT DTD.26/5/12. RESPONDENTS' EXHIBITS:NIL /TRUE COPY/ P.A.TO JUDGE DSV/- P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~W.P(C) No. 12736 of 2012~~~~~~~~~~~~~~~~~~~~~~~Dated, this the 4[th] day of June, 2012 JUDGMENT Being aggrieved of Ext. P1 order of assessment passedby the first respondent in respect of the assessment year2010 - '11, the petitioner has preferred Ext. P2 appeal, alongwith Ext. P3 petition for stay, which are pending considerationbefore the second respondent. The grievance of the petitioneris that, without any regard to the pendency of the aboveproceedings, third respondent is proceeding with coercivesteps, as borne by Ext. P4, which hence is sought to beintercepted by this Court. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the secondrespondent is directed to pass appropriate orders on Ext. P3petition for stay, in accordance with law, as expeditiously aspossible, at any rate, within one month from the date ofreceipt of a copy of this judgment. Coercive proceedingspursuant to Ext. P4 shall be kept in abeyance till such time. W.P.(C) No. 12736 of 2012 : 2 : The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2[nd]respondent for the further steps. The Writ Petition is disposed of as above. Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd