Wp(C)/16973/2009 Of C.c.santhosh v. Agricultural Income Tax And Commercial

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 16973 of 2009(N) ----------------------------------------- PETITIONER(S): ------------------------- C.C.SANTHOSH, AGED 38 YEARS, S/O.CHERUKUTTY, GLOSSY AGENCIES, PAZHAMBALACODE, ALATHOOR, PALAKKAD. BY ADV. MR.K.ANAND RESPONDENT(S): --------------------------- 1. THE AGRICULTURAL INCOME TAX AND COMMERCIAL TAX OFFICER, ALATHUR. 2. THE DEPUTY COMMISSIONER(APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM, KOCHI-682 016. 3. THE TAHSILDAR, ALATHUR, PALAKKAD. R1 TO R3 BY GOVERNMENT PLEADER MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 16973 OF 2009 .........................................................................Dated this the 19[th] June, 2009 J U D G M E N T Challenging Ext.P1 assessment order passed by the firstrespondent in respect of the assessment year 2004-05, thepetitioner has filed Ext. P2 appeal along with Ext.P5 petition forstay before the second respondent. The case of the petitioner isthat it is without any regard to the pendency of the aboveproceedings that the third respondent is proceeding with furthercoercive steps under the Revenue Recovery Act , as evidentfrom Exts.P3 and P4, which in turn is sought to be interceptedby filing the present Writ Petition. 2. Heard the learned Government Pleader as well. 3. After considering the facts and circumstances, this Court thinks it fit and proper to have the matter disposed of,directing the second respondent to consider Ext.P2 appeal andExt.P5 petition for stay, in accordance with law, as expeditiously W.P.(C) No. 16973 OF 2009 as possible . It is also made clear that till appropriate orders arepassed on Ext. P5 petition for stay, all further coercive stepspursuant to Exts. P3 and P4 shall be kept in abeyance. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk