IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 17340 of 2008(L) -------------------------- PETITIONER: ------------------ C.K.PRADEEP KUMAR, PROPRIETOR, NAMANS, KOVVALPALLY, KANHANGAD. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: ---------------------- 1. THE COMMERCIAL TAX OFFICER (AUDIT ASSESSMENT), DEPARTMENT OF COMMERCIAL TAXES, KASARGODE. 2. THE DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, KOZHIKODE. 3. THE INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, KASARGODE. BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.17340 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of June, 2008 JUDGMENT Petitioner calls in question Ext.P1 and seeks a direction to dispose of Ext.P2 appeal and to stay recovery proceedings pursuant to Exts. P1 and P3. 2. Today, when the matter came up, learned counsel for the petitioner submits that the petitioner has already filed an application for stay in the appeal. 3. Heard Government Pleader also. In such circumstances, the writ petition is disposed of directing the second respondent to consider and take a decision on the stay petition dated 11.6.2008 filed by the petitioner in accordance with law within three weeks from the date of receipt of a copy of this judgment. Till such time as a decision is taken, recovery steps will be kept in abeyance. Petitioner will made available a copy of this judgment before the second respondent as soon as it is received. (K.M. JOSEPH, JUDGE) sb WPC. 2