IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 10390 of 2008(J) -------------------------- PETITIONER: ------------ M/S VENAD STRUCTURALS, PONGANTHANAM P.O., VAKATHANAM, KOTTAYAM. REP. BY ITS MANAGING PARTNER, MR.JOHNY SEBASTIAN. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS: ------------- 1. THE ASSISTANT COMMISSIONER, OF COMMERCIAL TAXES (ASSESSMENT) SPECIAL CIRCLE, KOTTAYAM 686 002 2. THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (APPEALS), KOLLAM 691 012 3. INSPECTING ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, KOTTAYAM 686 002 4. THE STATE OF KERALA, REP. BY THE SECRETARY (TAXES), GOVERNMENT OF KERALA, SECRETARIAT, TVM 695 001 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).10390/2008 -------------------- Dated this the 27th day of March, 2008 JUDGMENT Petitioner challenges Ext.P15 order of the appellate authority passing a conditional order on the application for stay for collection of disputed tax for the years 2002-03, 2003-04 and 2004-05. The order is discretionary. Prima facie I do not discern any reasons to interfere with an order in the nature of Ext.P15. 2. Learned counsel for the petitioner, Mr.Anil Nair submits that nevertheless petitioner may be given time to comply with the condition imposed under Ext.P15. I heard learned Government Pleader also. 3. In the result, writ petition is disposed of directing that time for payment of the amount which the petitioner is required to pay in terms of Ext.P15 order, shall stand extended upto 15.4.2008, on condition that half of the amount so required to be paid shall be paid on or before 31.3.2008. If the payment is so effected, same shall be W.P.(C).10390/2008 2 treated as due compliance of the conditions imposed under Ext.P15. Writ petition is disposed of as above. V.GIRI, Judge mrcs