IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 1576 of 2010(V) --------------------------------------- PETITIONER(S): ------------------------ M/S.DEVAN & CO. BYEPASS,ALUVA, REPRESENTED BY ITS MANAGING PARTNER, DIVAKARAN A.K. BY ADV. SMT.S.K.DEVI RESPONDENT(S): --------------------------- 1. THE INTELLIGENCE OFFICER SQUAD NO.III, DEPT OF COMMERCIAL TAXES MATTANCHERY AT KARUKUTTY. 2. THE DEPUTY COMMISSIONER (APPEALS), DEPT. OF COMMERCIAL TAXES ,ERNAKULAM. 3. THE INSPECTING ASST.COMMISSIONER, DEPT. OF COMMERCIAL TAXES ,MATTANCHERY. R1 TO R3 BY GOVERNMENT PLEADER MR. C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No.1576 of 2010-V ------------------------------ Dated this the 20th day of January, 2010. J U D G M E N T The petitioner has approached this Court against the lethargy in considering Ext.P2 appeal and Ext.P3 petition for stay, which have been preferred challenging Ext.P1 penalty imposed by the first respondent. When confronted with the dates of the impugned proceedings as shown in Ext.P2, the petitioner has now filed I.A.No.829 of 2010 producing Ext.P5 and seeking to accept the same. With reference to the contents of Ext.P5 and also the affidavit filed in support of the I.A, the learned counsel for the petitioner submits that there is only a typographical error, whereby the date happened to be shown as 30.12.2007, instead of 30.12.2009 in Ext.P2 and that there is absolutely no delay in filing Ext.P2 appeal. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the second respondent is directed to consider and pass appropriate orders on Ext.P2 appeal and Ext.P3 petition for stay, as expeditiously as W.P(C) No.1576 of 2010-V 2 possible. However, it is made clear that till appropriate orders are passed on Ext.P3 petition for stay, all further proceedings pursuant to Ext.P4 shall be kept in abeyance. The Writ Petition is disposed of accordingly. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab