IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 6309 of 2008(A) ------------------------- PETITIONER: --------------- M/S.MAS ENTERPRISES LTD., VANDANMEDU P.O., UDUMBANCHOLA TALUK, IDUKKI DISTRICT, REP. BY ITS MANAGING DIRECTOR, T.T.JOSE. BY ADV. SRI.RAMESH CHERIAN JOHN RESPONDENTS: ----------------- 1. INSPECTING ASST.COMMISSIONER, COMMERCIAL TAXES, KUMILY. 2. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. BY GOVERNMENT PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ---------------------- WP(C) No. 6309 of 2008 ------------------------------------ Dated, this the 10th day of April, 2008 J U D G M E N T Petitioner’s case is that appeals are disposed of without giving opportunity to petitioner to argue the appeals. However, it is stated in Ext.P13 that petitioner was repeatedly asking for adjournment on three posting dates. However, it is seen from Ext.P11 that petitioner was served a notice, posting the same appeals for hearing on 16/02/2008, whereas order itself is seen passed on 31/01/2008. In the circumstances, I feel one more opportunity can be granted to petitioner to argue the matter before the appellate authority. Accordingly, this writ petition is disposed of directing petitioner to approach 2nd respondent with copy of the judgment. There will be direction to 2nd respondent to post the case and give notice in hand to petitioner and petitioner will appear on the posting date and argue the matter and produce the records and whatever documents relied on by the petitioner. There will be direction to 2nd respondent to pass fresh orders in appeals after hearing petitioner within a period of six weeks from today. Petitioner will produce copy of the judgment, take notice and WP(C) No. 6309/2008 -2- appear on the posting date. RR proceedings will remain stayed for six weeks from now and thereafter recovery will be based on fresh orders issued by 2nd respondent as directed above. As and when fresh orders are issued, 2nd respondent will recall Ext.P11 order issued on 31/01/2008. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg