IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 9646 of 2009(A) ----------------------------------------- PETITIONER(S): ---------------------- K.MUHAMMED BASHEER (PROPRIETOR), M/S.AL-SAFA GRANITE INDUSTRIES, KUNDARA, KOLLAM DISTRICT. BY ADV. SRI.V.P.SUKUMAR SRI.V.DEVANANDA NARASIMHAM RESPONDENT(S): ------------------------ 1. THE SALES TAX OFFICER, KUNDARA, KOLLAM DISTRICT. 2. THE SALES TAX APPELLATE TRIBUNAL, ADDITIONAL BENCH, THIRUVANANTHAPURAM. 3. THE DEPUTY TAHSILDAR (RR), KOLLAM. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 9646 OF 2009 A -------------------------------------- Dated this the 25th March, 2009 JUDGMENT Heard the learned counsel for the petitioner and the learned Government Pleader. Appeals are pending before the second respondent Tribunal. Petitioner has moved stay petitions and in the stay petitions, Exts.P9 and P10 orders were passed. They reveal that the petitioner did not press the stay and prayed to hear the Appeals urgently and on that basis, the stay petitions were dismissed. Ext.P11 shows that the cases are posted to 2.4.2009. Learned counsel for the petitioner would contend that the petitioner has already paid a sum of Rs.6,00,000/= (Rupees Six Lakhs). Learned Government Pleader points out that a huge amount is due from the petitioner and in the meantime, the petitioner is pressed with Ext.P3. In the circumstances of the case, the Writ Petition is disposed of as follows: If the petitioner remits Rs.1,50,000/= (Rupees One Lakh & Fifty Thousand) within three weeks from today, recovery WPC.9646/09 A 2 proceedings will be kept in abeyance till the disposal of the Appeals. The Appeals will be heard and disposed of only after paying the amount of Rs.1,50,000/= (Rupees One Lakh & Fifty Thousand). Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge