IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 2962 of 2009(C) ------------------------- PETITIONER(S): ---------------------- VIPIN.T.V., PROPRIETOR, KAIRALI STOCK SUPPLIERS KANDANASSERY POST, TRISSUR, KERALA. BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.T.V.VINU RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, COMMERCIAL TAXES, GOVT. OF KERALA, TRIVANDRUM, KERALA. 2. COMMISSIONER OF COMMERCIAL TAXES, DEPARTMENT OF COMMERCIAL TAXES, TRIVANDRUM, KERALA. 3. COMMERCIAL TAX OFFICER COMMERCIAL TAXES, ETTUMANOOR, KOTTAYAM., KERALA. 4. DEPUTY COMMISSIONER OF COMMERCIAL TAXES (APPEALS), KOTTAYAM. BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 2962 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2009 JUDGMENT Petitioner seeks similar treatment as given in Exts.P6 and P7 judgments. 2. I heard learned counsel for the petitioner and the learned Government Pleader. 3. I feel that the petitioner can also be given the same treatment. Accordingly, the writ petition is disposed of directing that the fourth respondent will dispose of the appeal filed by the petitioner against Ext.P1 assessment only after the disposal of the appeal filed in this court as OTA. 9 of 2007. Pending decision in the appeal, since the Circular is not stayed by this court, there will be a direction to withhold the recovery proceedings against the petitioner on the petitioner remitting a sum of Rs.22,000/- within a period of six weeks from today. Recovery of the balance will be based on the orders to be passed in the appeal filed against Ext.P1 assessment. (K.M. JOSEPH, JUDGE) sb