IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 21238 of 2011(D) ---------------------------------------- PETITIONER(S): -------------------------- M/S.ASWATHY HARDWARES & PAINTS, AYILYAM COMPLEX, MELAMURI, PALAKKAD, REPRESENTED BY ITS MANAGING PARTNER, MOHANDAS.G. BY ADVS. SRI.N.MURALEEDHARAN NAIR, SMT.K.HYMAVATHY. RESPONDENT(S): --------------------------- 1. THE COMMERCIAL TAX OFFICER, IST CIRCLE, DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD-678 001. 2. THE KERALA VALUE ADDED TAX APPELLATE TRIBUNAL, PALAKKAD-678 004. 3. INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD-678 001. R1 TO R3 BY GOVERNMENT PLEADER SRI. C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21238/2011 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2007-08 DTD. 15/01/2010. P2: COPY OF THE 1ST APPELLATE ORDER FOR THE YEAR 2007-08 DTD. 25/03/2011. P3: COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT FOR THE YEAR 07-08 DTD. 09/06/2011. P4: COPY OF THE STAY PETITION FILED BEFORE THE 2ND RESPONDENT FOR THE YEAR 07-08 DTD. 09/06/2011. P5: COPY OF THE EARLY HEARING PETITION FILED BEFORE THE 2ND RESPONDENT FOR THE YEAR 07-08 DTD. 09/06/2011. P6: COPY OF THE DEMAND NOTICE U/S. 7 OF THE REVENUE RECOVERY ACT ISSUED BY 3RD RESPONDENT FOR THE YEAR 2007-08 DTD.04/07/2011. P7: COPY OF THE JUDGMENT IN WPC.NO.19844/2011 DTD. 21/07/2011. P8: COPY OF THE REQUEST GIVEN BY THE PETITIONER BEFORER THE 2ND RESPONDENT DTD. 23/07/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J. ================== W.P.(C).No. 21238 of 2011 ================== Dated this the 4th day of August, 2011 J U D G M E N T Against Ext.P1 assessment order, the petitioner filed an appeal which was disposed of by Ext.P2 order. Dissatisfied with the same, the petitioner filed Ext.P3 appeal before the 2nd respondent-Tribunal, along with Ext.P4 stay petition. The petitioner's grievance is that the stay petition is not being disposed of by the Tribunal. He therefore seeks a direction to the Tribunal to dispose of Ext.P4 stay petition and to grant stay till then. 2. I have heard the learned Government Pleader also, who opposes the same. Having heard both sides, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P4 stay petition, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2 sdk+ S.SIRI JAGAN, JUDGE