IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 WP(C).No. 13987 of 2008(M) -------------------------- PETITIONER: PETITIONER ---------------------- SULOCHANA COTTON SPINNING MILLS (P) LTD. REP.BY ITS AUTHORISED SIGNATORY, KAMARAJ ROAD,THIRUPUR-641 604. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: RESPONDENTS ------------------------ 1. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES,ERNAKULAM. 2. THE ADDITIONAL SALES TAX OFFICER-I, CHITTUR,PALAKKAD. 3. THE TAHSILDAR,THIRUPUR, TAMILNADU. BY GOVERNMENT PLEADER LAKSHMI NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).13987/2008 -------------------- Dated this the 2nd day of May, 2008 JUDGMENT Aggrieved by Ext.P1 order of assessment in so far as it relates to the assessment under the CST Act, petitioner has preferred Ext.P2 appeal, belatedly. Ext.P4 is an application for condonation of delay in preferring the Appeal and Ext.P3 is the application for stay of collection of disputed tax under the Central Sales Tax Act. Orders are yet to be passed in the application for stay. But recovery proceedings are initiated. Hence the writ petition. 2. I heard learned Government Pleader also. 3. In the circumstances, writ petition is disposed of directing the first respondent to consider and pass orders on Exts.P3 and P4 applications for stay and for condonation of delay, within a period of six weeks from the date of receipt of a copy of this judgment. In the meanwhile, recovery pursuant to Ext.P1 under the CST W.P.(C).13987/2008 2 Act, shall be kept in abeyance for a period of eight weeks. V.GIRI, Judge mrcs