IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27935 of 2011(N) -------------------------- PETITIONER(S): -------------- THOMAS JOSEPH, S/O JOSEPH, KALAPPURAYIL HOUSE, CHEMMANNUAR.P.O., UDUMBANCHOLA, IDUKKI DIST. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.MARTINDAS V.JAMES (VATTAKKUZHIYIL) RESPONDENT(S): -------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TAXES, GOVERNMENTSECRETARIAT, THIRUVANANTHAUPRAM-695001. 2. THE INTELLIGENCE OFFICER, SQUAD NO.III, COMMERCIAL TAXES, IDUKKI - 685 001. R1 & R2 BY GOVT. PLEADER SMT. SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No. 27935 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE RELEVANT DOCUMENTS OF CONSIGNMENT. EXT.P2: TRUE COPY OF THE ORDER DATED 25-11-08 IN WP 37740/08. EXT.P3: TRUE COPY OF THE DEMAND NOTICE DATED 22-11-08. EXT.P4: TRUE COPY OF THE JUDGMENT DATED 19-12-08 IN WP 36869/08 EXT.P5: TRUE COPY OF THE ORDER IN TAX APPEAL NO.KVAT 3594/08. EXT.P6: TRUE COPY OF THE ORDER DATED 22/09/2011 BY TRIBUNAL. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE BKA S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.27935 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2011 J U D G M E N T The petitioner challenges Ext.P6 order passed by the Kerala Value Added Tax Appellate Tribunal, Ernakulam in a stay petition filed by the petitioner for stay of recovery pending appeal, wherein the Tribunal has directed the petitioner to pay 50% of the disputed amount as a condition for stay. According to the petitioner, the order impugned before the Tribunal is a non- speaking order and the petitioner's contentions have not been properly considered therein and the Tribunal ought to have granted full stay. 2. I have heard the learned Government Pleader also. I am not satisfied that while passing Ext.P6 order, the Tribunal has committed an error of jurisdiction. In the above circumstances, I am not inclined to interfere with Ext.P6 order. Accordingly the writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/