IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 36259 of 2009(B) --------------------------------------- PETITIONER(S): ---------------------- M/S.NATIONAL TIMBER TRADERS, PETTA, FEROKE, CALICUT, BY MANAGING PARTNER, V. MAMMU. BY ADV. MR.P.RAGHUNATH MR.PREMJIT NAGENDRAN RESPONDENT(S): ----------------------- 1. THE ASSISTANT COMMISSIONER (ASSMT.)II, SPECIAL CIRCLE II, COMMERCIAL TAXES, KOZHIKODE. 2. THE DEPUTY COMMISSIONER (APPEALS), KOZHIKODE. 3. DEPUTY TAHSILDAR (RR), KOZHIKODE. R1 TO R3 BY GOVERNMENT PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 36259 OF 2009 ......................................................................... Dated this the 7th January , 2010 J U D G M E N T The petitioner is mainly aggrieved of Ext. P10 appellate order passed by the second respondent, whereby Ext.P6 appeal has been rejected holding that the appellant has not paid the admitted tax. It is also pointed out therein that as per the office notice dated 05.04.2005, notice was issued to produce proof of payment of admitted tax, which however was not complied with and led to Ext.P10 rejection. 2. Heard the learned Government Pleader as well, who submits that the petitioner has not chosen to produce the proof of payment of admitted tax even along with the present Writ Petition. If the petitioner has actually effected the payment and produces necessary proof , there is absolutely no objection to have the appeal re-considered on merits, submits the learned Government Pleader . W.P.(C) No. 36259 OF 2009 2 3. In the above facts and circumstances, the petitioner is directed to produce proof of payment of admitted tax before the second respondent within two weeks from today. On such an event, the second respondent will re-consider Ext.P6 appeal and pass appropriate orders, in accordance with law , of course, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of the judgment. In this context due reference shall also be made by the second respondent to Ext. P4 refund voucher and the actual position as on date. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk