IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 5868 of 2008(W) ------------------------- PETITIONER --------------- M/S SREEKRISHNA INTERNATIONAL NARAYANA NAGARAM, VATAKARA. BY ADV. SRI.T.A.SHAJI RESPONDENTS: ----------------- 1. THE SALE TAX OFFICER -II,VATARAKA, 2. THE DEPUTY COMMISSIONER (APPEALS) DEPARTMENT OF COMMERCIAL TAXES, KOZHIKODE. 3. THE SALES TAX OFFICER (ENQUIRY) OFFICE OF THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES, KOZHIKODE. 4. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.TEKCHAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 5868 OF 2008 W ==================== Dated this the 19th day of February, 2008 J U D G M E N T Petitioner challenges Ext.P5, a conditional order of stay granted by the 2nd respondent requiring the petitioner to remit 50% of the tax and furnish security for the balance amount. Counsel for the petitioner submits that the order passed is a stereotyped one and that there is no application of mind. I am not in a position to agree with the contentions raised. 2. Ext.P5 itself shows that the point urged was considered and on that basis appellate authority has concluded that the petitioner has made out a prima facie case. It is on that basis, the Appellate Authority exercising his discretionary power granted an order of conditional stay. The merits of the contentions raised before the Appellate Authority and reiterated before me are matters to be considered in the appeal. 3. Presently, going by Ext.P5, I do not think that there is WPC 5868/08 :2 : any circumstances vitiating the same and warranting interference under Article 226 of the Constitution of India. Though I am not inclined to interfere with Ext.P5, I direct that orders on appeal shall be expedited. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp