IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WA.No. 1173 of 2011() --------------------- AGAINST THE ORDER IN WPC.16925/2011 Dated 07/07/2011 .................... APPELLANT/PETITIONER: -------------- ASOKAN VASU, AGED 57 YEARS S/O.VASU, HOTEL ASLIYA GRANDI, NAVAYIKULAM THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.A.MOHAMED RASHEED RESPONDENTS/RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. DEPUTY COMMISSIONER OF APPEALS THIRUVANANTHAPURAM 695 001. 3. COMMERCIAL TAX OFFICER COMMERCIAL TAXES,ATTINGAL PIN 695 101. 4. DEPUTY TAHSILDAR (RR) TALUK OFFICE, CHIRAYINKEEZHU, ATTINGAL PO, PIN 695 101. BY G.P. SRI.MOHAMMED RAFEEQ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.1173 of 2011 .................................................................... Dated this the 10th day of August, 2011. JUDGMENT Ramachandran Nair, J. Appeal is filed against judgment of the learned Single Judge declining to interfere with conditional stay orders issued by the appellate authority but by granting one month time to make payment. Even though we do not find any ground to interfere with the judgment of the learned Single Judge, having regard to the amount involved, we grant two equal monthly instalments to the appellant to pay the amount in terms of the appellate order, first instalment i.e. 25%, to be paid on or before 15th September, 2011 and the balance 25% on or before 15th October, 2011. Payment will be made with interest. The appellate authority will post the appeal and dispose of the same after payment in terms of the stay order modified by us as above. Recovery will remain 2 stayed for payment as above and in the event of default, entire arrears could be recovered. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms