IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 28308 of 2008(T) -------------------------- PETITIONER: ------------------- THE BEST BUY T.V & HOME APPLIANCES, PUTHUSSERY BUILDINGS, KALOOR A PARTNERSHIP CONCERN REP. HEREIN BY ITS MANAGING PARTNER SUJARIA RANI, W/O. RAZIK, AGED 40 YEARS, RESIDING AT RESIDING AT J.K. ROYAL APARTMENTS KALOOR, KOCHI-17. BY ADV. SRI.K.R.VINOD SRI.T.R.RENJITH RESPONDENTS: ---------------------- 1. THE COMMERCIAL TAX OFFICER, KVAT CIRCLE II, DEPARTMENT OF COMMERCIAL TAXES, KALAMASSERY, ERNAKULAM. 2. ASSISTANT COMMISIONER (APPEALS), OFFICE OF THE ASSISTANT COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 3. INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 4. DEPUTY TAHASILDAR (RR), KANAYANOOR TALUK, ERNAKULAM, COCHIN-11. 5. THE VILLAGE OFFICER, ERNAKULAM VILLAGE OFFICE, ERNAKULAM. 6. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 28308 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September, 2008 JUDGMENT Petitioner suffered Ext.P5 order. It is an order passed in a review petition. It is stated therein that even though time for payment was over six months back, the court however granted time till 30.4.2008 to make the payment in terms of the judgment, failing which there will be a direction to the respondents to proceed for full recovery without any delay. The court further ordered that the appeal will be taken up and disposed of only after making payment. Ext.P5 order is dated 11.6.2008. Now the entire movables are attached and the petitioner is not in a position to do business, it is complained. 2. I heard learned counsel for the petitioner and the learned Government Pleader. Learned counsel for the petitioner submits that the petitioner is prepared to pay the amount and ten days time may be granted. Having regard to the clear terms of Ext.P5 order, it will not be proper on my part to grant the relief sought for by the petitioner and it is for the petitioner to move appropriate application in the proceedings culminating in Ext.P5 order. WPC.28308/2008. 2 Without prejudice to the said right, the writ petition is dismissed. (K.M. JOSEPH, JUDGE) sb