Wp(C)/9635/2010 Of O.j.peter v. Agrl.income Tax & Commercial Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 9635 of 2010(D) ------------------------- PETITIONER: --------------- O.J.PETER, ALATHUR BAMBOO DEPOT, ALATHUR, RESIDING AT MALOTH ODATHINKAL HOUSE, VARAPUZHA P.O., N.PARAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.N.MURALEEDHARAN NAIR RESPONDENTS: --------------- 1. THE AGRICULTURAL INCOME TAX & COMMERCIAL TAX OFFICER, COMMERCIAL TAXES, ALATHUR. 2. DEPTY COMMISSIONER (APPEALS) DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 3. DEPUTY TAHSILDAR (R.R.) N.PARUR, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER ADV. MR. V.K. SHAMSUDHEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 9635 OF 2010 ......................................................................... Dated this the 23[rd] March, 2010 J U D G M E N T Challenging Exts.P1 and P2 assessment orders (in respectof assessment years 2007-08 and 2008-09 respectively) aswell as Exts.P3 and P4 penalty orders, passed by the firstrespondent, the petitioner has preferred Exts. P5 to P8 appealsalong with Exts P9 to P12 petitions for stay and Exts. P13 to P16petitions for early hearing of the appeals. The case of thepetitioner is that, it is without any regard to the pendency of thesaid proceedings, that coercive steps are being pursued againstthe petitioner as borne by Exts. P17 and P18 demand noticesissued under Section 7 of the Revenue Recovery Act, which,hence are sought to be intercepted in this Writ Petition. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the secondrespondent is directed to consider and pass appropriate orders on W.P.(C) No. 9635 OF 2010 Ext. P9 to P12 petitions for stay, in accordance with law, asexpeditiously as possible, at any rate within one month from thedate of receipt of a copy of the judgment. It is made clear thattill such orders are passed on Exts.P9 to P12 petitions for stay,all further proceedings pursuant to Exts. P17 and P18 shall bekept in abeyance. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk