IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 32889 of 2008(M) ----------------------------------------------- PETITIONER(S): ---------------------- POWERLINK, OPP.TRIVANDRUM CLUB, VAZHUTHACAUD, THIRUVANANTHAPURAM, REPRESENTED BY ITS PARTNER, PREDEEP.P. BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM) RESPONDENT(S): ------------------------- 1. COMMERCIAL TAX OFFICER(AUDIT ASSESSMENT), THIRUVANANTHAPURAM. 2. THE COMMERCIAL TAX OFFICER, FIRST CIRCLE THIRUVANANTHAPURAM. 3. THE DY.COMMISIONER (APPEALS), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 32889 OF 2008 M -------------------------------------- Dated this the 7th November, 2008 JUDGMENT Heard the learned counsel for petitioner and the learned Government Pleader. Petitioner challenges Ext.P6, which is an order passed by the third respondent granting stay on condition of payment of fifty per cent and also furnishing security. After perusing the order, I feel that the petitioner is justified in challenging the order as being without considering the contentions and giving reasons. Accordingly, I quash Ext.P6. The third respondent will consider the matter afresh and take a decision in accordance with law within a period of three weeks from the date of receipt of a copy of this Judgment. Recovery proceedings will be kept in abeyance till a decision is taken as aforesaid. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge