IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 35301 of 2008(C) -------------------------- PETITIONER(S): --------------------- P.V. BABU, DHANYA HANDLOOMS & READYMADES, JAI HIND MARKET BUILDING, C. BLOCK, THRISSUR. BY ADV. SRI.N.MURALEEDHARAN NAIR SRI.V.K.SHAMUSUDHEEN RESPONDENT(S): ----------------------- 1. FAST TRACK, TEAM NO.2, REPRESENTED BY COMMERCIAL TAX, OFFICER, IST CIRCLE, THRISSUR. 2. INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, THRISSUR. BY GOVT.PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.35301 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2009 JUDGMENT Petitioner challenges Ext.P1. Ext.P1 is an order passed under Section 17(3) of the Kerala General Sales Tax Act. Petitioner prays that a decision may be taken on Ext.P5. 2. According to the learned Government Pleader a notice was issued on 18.7.2008 and served on 26.7.2008 and it is after ten days that Ext.P1 order was passed on 5.8.2008. No doubt it is open to the petitioner to maintain an appeal, if he is so advised. I also direct the first respondent to consider and take a decision on Ext.P5 in accordance with law. I make it clear that I have not expressed any view regarding the maintainability or merits of the petition. A decision will be taken within a period of ten days from the date of production of a copy of this judgment. Till such time as a decision is taken, recovery will be kept in abeyance. (K.M. JOSEPH, JUDGE) sb