IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 9404 of 2009(U) ------------------------------------ PETITIONER(S): ---------------------- KERALA CURRY HOUSE, PMR ARCADE, 2/76 BCDEF, CANAL ROAD, ERANHIPALAM, KOZHIKODE, REPRESENTED BY ITS MANAGING PARTNER, BINU GEORGE, S/O.T.K.GEORGE, AGED 40 YEARS, RESIDING AT THEKKEVEETTIL, KRISHNAGIRI, MEENANGADI, WAYANAD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): ------------------------ 1. THE SALES TAX OFFICER, 2ND CIRCLE, COMMERCIAL TAXES, KOZHIKODE. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOZHIKODE. 3. THE SALES TAX OFFICER (RECOVERY), OFFICE OF THE DEPUTY COMMISSIONER, COMMERCIAL TAXES DEPARTMENT, KOZHIKODE. 4. THE INSPECTING ASSISTANT COMMISSIONER, OFFICE OF THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, KOZHIKODE. BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.9404 of 2009-U ---------------------------------------------- Dated, this the 24th day of March, 2009 J U D G M E N T I heard learned counsel for the petitioner and learned Government Pleader. 2. The writ petition is disposed of directing the 2nd respondent to consider and dispose of Ext.P4 which is said to be an application filed in an appeal filed within time, within two weeks from the date of receipt of a copy of this judgment. While the prohibitory order will continue, there will be no recovery from the petitioner till such a decision is taken by the 2nd respondent. This order will hold good on condition that the appeal has been filed in time. (K.M.JOSEPH) JUDGE. MS