IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 10544 of 2010(P) -------------------------- PETITIONER: --------------- A.K.HAFEEZ,PROPRIETOR, M/S.AL-STEEL INDUSTRIALS,JONAKAPURAM, KOLLAM-6, RESIDING AT 'SAFIRE' KOTTACKAKOM WARD, KOTTARAM NAGAR 1.,KOLLAM-13., BY ADV. SRI.C.K.SREEJITH RESPONDENTS: --------------- 1. ASST. SECRETARY, KVAT APPELLATE TRIBUNAL COMMERCIAL TAX COMPLEX, 6TH FLOOR, PERUMANOOR, OPP.TO COCHIN SHIP YARD,ERNAKULAM. 2. INSPECTING ASST.COMMISSIONER, COMMERCIAL TAX DEPT.,KOLLAM. 3. ASST.COMMISSIONER, KVAT SPECIAL CIRCLE, COMMERCIAL TAXES DEPT, KOLLAM. 4. STATE OF KERALA, REP.BY SECRETARY TO TAXES,GOVT.OF KERALA,TRIVANDRUM.KERALA. BY GOVERNMENT PLEADER ADV. MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C ) N0. 10544 OF 2010 ......................................................................... Dated this the 26th March , 2010 J U D G M E N T Challenging Ext.P2 order passed by the Deputy Commissioner, the petitioner has preferred Ext. P4 appeal along with Exts.P5 petition to condone the delay in filing the Appeal and also Ext.P6 petition for stay before the first respondent/Appellate Tribunal. The petitioner is aggrieved of non-finalisation of the above proceedings. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the first respondent/Appellate Tribunal is directed to consider and pass appropriate orders on Ext.P5 petition to condone the delay in filing the appeal and also Ext. P6 petition for stay, in accordance with law, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of the judgment. It is made clear that till such orders are passed on Ext. P5 petition to W.P.(C ) N0. 10544 OF 2010 2 condone the delay and Ext.P6 petition for stay, no coercive proceedings shall be pursued against the petitioner. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk