IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WA.No. 2431 of 2008 --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36364/2008 .................... APPELLANT(S)/ PETITIONER: ------------------------- TELLICHERRY SOCIAL SERVICE SOCIETY (T.S.S.S), REG.NO.33/1966, P.B.NO.70, TELLICHERRY 670 101, KANNUR DISTRICT, REPRESENTED BY ITS DIRECTOR, FR.MANI MELVETTOM. BY ADV. SRI.V.C.JAMES SRI.GEORGE MECHERIL RESPONDENT(S): --------------- 1. THE TELLICHERRY MUNICIPALITY, REPRESENTED BY ITS SECRETARY. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & V.K.MOHANAN, J. ================================ W.A.No.2431 of 2008 =============================== Dated this the 17th day of December, 2008. J U D G M E N T KOSHY, Ag.CJ. In view of the demand notice issued by the 1st respondent as per Ext.P7, petitioner approached the learned Single Judge for quashing the above proceedings contending that before passing the impugned demand notice, none of the contentions of the petitioner were considered. Learned Single Judge granted stay of realising penalty but entire tax amount was directed to be paid. This appeal is filed against that interim order. It is submitted that the appellant is a registered society and considering the facts and circumstances of the case, we are of the view that pending final orders, if 50% of the tax is paid within two months from today, interim stay will continue till the disposal of the writ petition. The writ appeal is disposed of accordingly. J.B.KOSHY, ACTING CHIEF JUSTICE V.K.MOHANAN, JUDGE bkn/-