IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 16613 of 2008(C) ---------------------------------------------- PETITIONER: ------------------ S.VIJAYAN, VIJAYA SANITARY, DECENT JUNCTION, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: ----------------------- 1. THE APPELLATE TRIBUNAL UNDER KVAT ACT, THIRUVANANTHAPURAM. 2. DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, KOLLAM. 3. THE COMMERCIAL TAX OFFICER (AA), KOLLAM. 4. THE DEPUTY TAHSILDAR (RR), KOLLAM. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 16613 OF 2008 C -------------------------------------- Dated this the 4th June, 2008 JUDGMENT Petitioner has already filed Ext.P3 Appeal under the Kerala Value Added Tax Act before the VAT Appellate Tribunal. Ext.P5 is a demand notice issued by the fourth respondent, which is under challenge. Petitioner seeks a direction to pass orders on Ext.P3 Appeal and also seeks a further direction not to take further steps pursuant to Ext.P5 demand notice. I heard the learned Government Pleader also. Learned counsel for petitioner submits that as evident from Ext.P6, petitioner has paid a sum of Rs.50,000/= on 29.3.2008. Having regard to all facts, the Writ Petition is disposed of as follows: There will be a direction to the first respondent Appellate Tribunal to pass orders on Ext.P4 stay petition in accordance with law, within a period of three weeks from the date of receipt of a copy of this Judgment. While taking a decision, the WPC. 16613/08 C 2 Tribunal will also take note of the payment said to have been made under Ext.P6. Till such time as a decision is taken on Ext.P4, Ext.P5 will be kept in abeyance. Petitioner will produce a copy of this Judgment before the Appellate Tribunal as soon as it is made available to him. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge