IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35805 of 2008(K) -------------------------- PETITIONER(S): --------------------- M/S. KAIRALI AYURVEDIC HEALTH RESORTS PVT. LTD., OLASSERY.P.O, KODUMBU, PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGER (OPERATIONS), SRI. ARUN.R.S BY ADV. SRI.T.M.SREEDHARAN SRI.V.P.NARAYANAN RESPONDENT(S): ----------------------- 1. THE INTELLIGENCE OFFICER (IB), COMMERCIAL TAXES, PALAKKAD. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.35805 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December, 2008 JUDGMENT Petitioner obtained Ext.P2 order of stay subject to condition. A challenge was made and this court reduced the amount to 30% and granted two weeks time from 19.9.2008 for complying with the order. Petitioner carried the matter in appeal, but Ext.P3 order was confirmed and further the matter was carried to the Supreme Court and the Supreme Court dismissed the Special Leave Petition. Petitioner did not comply with the condition in Ext.P2 as modified by Ext.P3 within the time. Petitioner has paid the amount, according to the Government Pleader belatedly. In such circumstances, I do not think that the remedy of the petitioner is to file a fresh writ petition. Without prejudice to any other remedy available to the petitioner, the writ petition is dismissed. (K.M. JOSEPH, JUDGE) sb