IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38039 of 2008(C) -------------------------- PETITIONER: --------------- V.SAJEER, PROPRIETOR, HIRU OIL AND FLOUR MILLS, NUT STREET, VATRAKARA, KOZHIKODE. BY ADV. SRI.ARIKKAT VIJAYAN MENON SRI.HARISANKAR.V.MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENTS: --------------- 1. COMMERCIAL TAX OFFICER(AUDIT ASSESSMENT DEPARTMENT OF COMMERCIAL TAXES, KOZHIKODE. 2. DEPUTY COMMISSIONER (APPEAL), DEPARTMENT OF COMMERCIAL TAXES, KOZHIKODE. 3. SALES TAX OFFICER (RECOVERY), OFFICE OF THE DEPUTY COMMISSIONER, KOZHIKODE-6. SPL. GOVERNMENT PLEADER FOR TAXES SRI.VINOD CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J ---------------------------------------- W.P.(C).NO.38039 of 2008 - C ------------------------------ Dated this the 26th day of December, 2008 J U D G M E N T -------------------- Having perused the contents of Ext.P1 assessment order, the grounds in Ext.P2 appeal and the pleadings in the writ petition and having heard the learned counsel for the petitioner and the learned Government Pleader, this writ petition is ordered directing that, if the petitioner remits an amount of Rs.50,000/- within a period of three weeks, any recovery on the basis of Ext.P1 including Ext.P4 will stand suspended until final disposal of Ext.P2 appeal. If such deposit is made, the appellate authority will consider expediting the appeal by taking it out of turn and dispose it of within a period of four months from the date of receipt of such deposit. The petitioner shall produce certified copy of this judgment before the appellate authority. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. bkn/-