IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 10798 of 2008(I) -------------------------- PETITIONER: ------------ M/S. FAIREX COM NEAR ANURAG THEATRE, PATHANAMTHITTA REPRESENTED BY ITS PROPRIETOR, T.R. SURESH. BY ADV. SRI.B.V.JOY SANKER RESPONDENTS: ------------- 1. APPELLATE ASSISTANT COMMISSIONER(APPEALS COMMERCIAL TAX DEPARTMENT, KOLLAM. 2. COMMERCIAL TAX OFFICER II, COMMERCIAL TAX DEPARTMENT, PATHANAMTHITTA. 3. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAX DEPARTMENT, PATHANAMTHITTA. BY G.P. SRI. E.P. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 10798 OF 2008 -------------------------------------------- Dated this the 31st day of March, 2008 JUDGMENT Since petitioner has filed appeal against sales tax assessment, and having regard to the contentions raised, there will be stay against recovery proceedings till disposal of the appeal on the petitioner remitting one third of the demand within one month from now. The appellate authority is directed to take up the appeal out of turn and dispose of the same within three months from the date of making payment as above. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2