IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 1374 of 2009(L) ------------------------- PETITIONER(S): --------------------- M.K.THAHA, THAHA STORE, KADAPPAKKADA, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT(S): ---------------------- 1. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOLLAM. 2. THE COMMERCIAL TAX OFFICER (AA), KOLLAM. 3. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, KOLLAM. BY GOVT. PLEADER BY ADV. SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 1374 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January, 2009 JUDGMENT Petitioner challenges Ext.P3 to the extent of the condition imposed. 2. I heard learned counsel for the petitioner and the learned Government Pleader. 3. I do not think that the condition in Ext.P3 is liable to be interfered with in this writ petition. But I feel that I should give some time to the petitioner to comply with the condition. Accordingly, the writ petition is disposed of directing that if the petitioner pays one half of 40% by 15.2.2009 and the further amount remaining to make up 40% by 15.3.2009 and also furnishes security within a period of one month from today, the stay will continue till the disposal of the appeal. It is made clear that the appeal will be taken up for hearing only if the conditions are satisfied. (K.M. JOSEPH, JUDGE) sb