IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 24126 of 2011(M) -------------------------- PETITIONER(S): --------------- BEENA AGENCIES,MADHAVI NIVAS, PODIKUNDU,KANNUR,REPRESENTED BY MANAGER THOMAS MATHEW. BY ADVS. SRI.P.RAGHUNATH SRI.PREMJIT NAGENDRAN RESPONDENT(S): --------------- 1. ASSISTANT COMMISSIONER (KVAT), SPECIAL CIRCLE, ADDITIONAL CIVIL LANE, CIVIL STATION P.O, KANNUR 670 002. 2. KERALA VALUE ADDED TAX APPELLATE TRIBUNAL, DEPARTMENT OF COMMERCIAL TAXES, SALES TAX COMPLEX,OPP.SHIPYARD, ERNAKULAM 682 015. 3. INSPECTING ASSISTANT COMMISSIONER COMMERCIAL TAXES, NEAR MAKKANI, KANNUR 670 002. BY GOVT. PLEADER SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24126 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF ORDER DATED 15.5.2010 FOR FEBRUARY AND MARCH 2010. P2. COPY OF ORDER IN VATA NO.692/10 DATED 25.2.2011. P3. COPY OF APPEAL FILED AGAINST EXT.P1 ORDER BEFORE TRIBUNAL. P4. COPY OF STAY PETITION FILED ALONG WITH EXT.P2 APPEAL. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.24126 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of September, 2011 J U D G M E N T Against Ext.P2 appellate order, the petitioner has filed Ext.P3 appeal before the 2nd respondent Kerala Value Added Tax Appellate Tribunal along with Ext.P4 stay petition. The petitioner's grievance in this writ petition is that, the Tribunal is not considering the stay application. I have already held in some cases yesterday that, whether stay is to be granted or not an appellant has a right to have his stay petition heard expeditiously by the Tribunal and therefore the Tribunal shall devise a procedure whereby the Tribunal can consider stay applications without delay. In this case, the stay application is filed as early as in 26th July 2011. In the above circumstances, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on Ext.P4 stay petition filed by the petitioner in the next sitting of the Tribunal. Sd/- S. SIRI JAGAN JUDGE //True copy// shg/ P.A. TO JUDGE