IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 30857 of 2008(W) -------------------------- PETITIONER(S): --------------------- SIDDHARTH MERCANTILE (P) LTD., V/1007, 1008, ANNAPURAM PLAZA, PARA ROAD, KANJIKODE, PALAKKAD-678 623, REPRESENTED BY ITS GENERAL MANAGER, SRI.JITENDRA KUMAR BHUPAL. BY ADV. SRI.E.P.GOVINDAN RESPONDENT(S): ----------------------- 1. THE INTELLIGENCE INSPECTOR, COMMERCIAL TAXES, SQUAD NO.IV, ERNAKULAM. 2. THE INTELLIGENCE OFFICER, SQUAD NO.IV, COMMERCIAL TAXES, ERNAKULAM. 3. THE KERALA VALUE ADDED TAX APPELLATE TRIBUNAL, ERNAKULAM. 4. THE STATE OF KERALA, REPRRESENTED BY SECRETARY, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.30857 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2008 JUDGMENT Prayer in the writ petition is to dispose of Ext.P9 appeal and to stay further action pursuant to Ext.P1. 2. I heard learned counsel for the petitioner and the learned Government Pleader. 3. In view of the fact that by virtue of Ext.P13 property is put up for sale, I feel that the appeal can be directed to be disposed of and proceedings be kept in abeyance till the disposal of the appeal. Accordingly, the writ petition is disposed of directing the third respondent to consider and take a decision on Ext.P9 appeal in accordance with law, after affording an opportunity of hearing to the petitioner also, within a period of one month from the date of production of a copy of this judgment or communication of this judgment to the third respondent. Till such time as a decision is taken, sale proposed to be held pursuant to Ext.P13 shall be kept in abeyance. Communicate this order to the third respondent. (K.M. JOSEPH, JUDGE) sb