IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 9586 of 2008(N) ------------------------- PETITIONER: ------------ VIJI DIAZ, PROPRIETOR, STEEL HOUSE, AYYANTHOL, THRISSUR. BY ADV. SMT.S.K.DEVI SRI.SANTHOSH P.ABRAHAM RESPONDENTS: ------------- 1. THE COMMERCIAL TAX OFFICER, (AUDIT ASSESSMENT) COMMERCIAL TAXES, THRISSUR - 680001. 2. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM - 682 015. BY G.P. SRI. K.P. PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 9586 OF 2008 -------------------------------------------- Dated this the 24th day of March, 2008 JUDGMENT Heard counsel for the petitioner and Government Pleader. There is no scope for interference with the conditional stay order granted by the appellate authority without considering the merits of the case. If this Court considers the merits of the case, then appeal itself will become infructuous. W.P. is accordingly disposed of granting time to the petitioner to make payment in terms of Ext.P4 order till 31.3.2008. Petitioner is granted three weeks' time thereafter to furnish security for the balance amount. (C.N. RAMACHANDRAN NAIR) Judge kk 2