IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD MAY 2007 / 2ND JYAISHTA 1929 WP(C).No. 15208 of 2007(I) -------------------------- PETITIONER: ------------ M/S.MOURYA BUILDERS & PROPERTIES (P)LTD. REP.BY ITS DIRECTOR BINESH SUKUMAR, PENTA TOWER,OPP.PVS HOSPITAL, KALOOR,COCHIN. BY ADV. SRI.JOMY GEORGE RESPONDENTS: ------------- 1. THE ASST.COMMISSIONER (WORKS CONTRACT), OFFICE OF THE DEPUTY COMMISSIONER, COMMERCIAL TAXES,ERNAKULAM. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES,ERNAKULAM. 3. DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM. BY G.P. SRI. MOHAMMED RAFFIQ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR,J. -------------------------------------------- W.P.C. NO. 15208 OF 2007 -------------------------------------------- Dated this the 23rd day of May, 2007 JUDGMENT Since appeal is pending against assessment, W.P. is disposed of directing the second respondent to dispose of Ext.P2 appeal within three months from the date of making payment as stated below. Petitioner will produce a copy of this judgment for compliance before the second respondent. There will be stay of recovery proceedings for recovery of sales tax disputed for 2002-03 till disposal of the appeal on petitioner remitting Rs. 75,000/- within one month from now. If payment is not made as above, full amount can be recovered after one month. (C.N.RAMACHANDRAN NAIR) Judge 2