IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 4337 of 2008(N) ------------------------- PETITIONER: ------------ SHAJU THOMAS,MANAGING PARTNER M/S.NIRMALA NYLONS, CHERTHALA ALAPPUZHA. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: ------------- 1. THE DEPUTY COMMISSIONER (APPEALS) COMMERICIAL TAXES, KOLLAM. 2. COMMERCIAL TAX OFFICER CHERTHALA. BY G.P. SRI. K.P. PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 4337 OF 2008 -------------------------------------------- Dated this the 24th day of March, 2008 JUDGMENT Heard counsel for the petitioner and Government Pleader. Even though Government Pleader states that appeal filed by the petitioner is not traceable, it is conceded that appeal is seen registered in the office of the Appellate Assistant Commissioner. In the circumstances, W.P. is disposed of directing the Deputy Commissioner (Appeals) in charge of the area to entertain the appeal being filed by the petitioner now without payment of any appeal fee along with a copy of this judgment, hear the petitioner and dispose of the appeal within a period of one month from the date of filing of appeal. Petitioner is given one week's time to file appeal. There will be stay against recovery proceedings for recovery of tax due for 1999-2000 for two months from now. Recovery thereafter will be based on orders in appeal. (C.N. RAMACHANDRAN NAIR) Judge kk 2