IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 7924 of 2008(R) ------------------------- PETITIONER: ------------ K.S.ABDUL KAREEM, K.S.GRANITES, PROPRIETOR, KANNIMANGALAM, MALAYATTOOR, ERNAKULAM. BY ADV. SRI.R.MURALIDHARAN (AROOR) RESPONDENTS: ------------- 1. THE COMMERCIAL TAX OFFICER (AUDIT ASSESSMENT)DEPARTMENT OF COMMERCIAL TAXES MATTANCHERRY AT ALUVA. 2. THE DEPUTY COMMISSIONER (APPEALS) DEPARTMENT OF COMMERCIAL TAXES ERNAKULAM. 3. THE INSPECTING ASSISTANT COMMISSIONER DEPARTMENT OF COMMERCIAL TAXES , MATTANCHERRY, COCHIN-2. BY GOVERNMENT PLEADER SRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 7924 of 2008 ------------------------------------- Dated: MARCH 7, 2008 JUDGMENT Aggrieved by Ext.P1 order of assessment passed by the 1st respondent, petitioner has filed Ext.P2 appeal and Ext.P3 application for stay. These are pending consideration of the 2nd respondent. In the meantime, petitioner is facing recovery proceedings on the issuance of Ext.P4 demand notice. It is in this background that this writ petition has been filed. 2. Having regard to the fact that an appeal has been filed by the petitioner along with an application for stay and that these are pending consideration of the 2nd respondent, I dispose of this writ petition itself directing that the 2nd respondent shall consider and pass orders on Ext.P2 appeal as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment. In the meantime, on the petitioner remitting 50% of the tax due WP(C) 7924/08 Page numbers excluding interest within two weeks from today, further proceedings pursuant to Ext.P4 will stand stayed until orders are passed in the appeal. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE mt/-