IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 9880 of 2008(A) ------------------------- PETITIONER: ------------ CARTO PACKS, 37/2724A, PALIYAM ROAD, KOCHI-16, REPRESENTED BY MANAGING PARTNER S.RAJKUMAR. BY ADV. SRI.VIJAYAN. K.U. SRI.K.N.SREEKUMAR RESPONDENTS: ------------- 1. ASSISTANT COMMISSIONER (ASSESSMENT), SPECIAL CIRCLE-III (KGST CIRCLE),COMMERCIAL TAXES, ERNAKULAM. 2. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. 3. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES DEPARTMENT, ERNAKULAM AT KAKKANAD 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT (TAXES), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. BY SHRI.K.P.PRADEEP, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ---------------------- WP(C) No. 9880 of 2008 ------------------------------------ Dated, this the 25th day of March, 2008 J U D G M E N T Since petitioner has filed appeal against tax assessment for the year 2003-04, there will be stay against Ext.P3 notice till disposal of the appeal on petitioner remitting Rs.1 lakhs on or before 31/03/2008. 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. If payment is not made, entire demand can be recovered during pendency of appeal and in that case appeal will be disposed of in the usual course. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg