IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WA.No. 1271 of 2009()\ (AGAINST ORDER DATED 20.3.2009 IN WPC 6839 OF 2008) --------------------- APPELLANT(S): -------------- JOSE JOSEPH, T.V. HOUSE, WEST PITCHU IYER JUNCTION, ALAPUZHA. BY ADV. SRI.VIJAYAN. K.U. SRI.K.N.SREEKUMARAN RESPONDENT(S): --------------- 1. ASSISTANT COMMISSIONER, SPECIAL CIRCLE, COMMERCIAL TAXES, ALAPPUZHA 688 001 2. ASST. COMMISSIONER (AA), COMMERCIAL TAXES, ALAPPUZHA 688 001 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT., TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695 001 ADDL. 4. INSPECTING ASST. COMMISSIONER, COMMERCIAL TAXES, ALAPPUZHA 688 001 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- W. A. No. 1271 OF 2009 -------------------------------------------- Dated this the 25th day of June, 2009 JUDGMENT Ramachandran Nair,J. Government Pleader took notice on admission. The order under challenge is the interim order issued by learned single Judge granting conditional stay on payment of 50% of the balance demand. Since the learned single Judge has not considered the case on merits, while disposing of the IA, and since the matter is still pending before the learned single Judge, we also do not want to consider the case on merits. However, since appellant's case is that the issue is covered by the decision of this Court, produced as Ext.P5, Writ Appeal is allowed modifying the interim order issued by the learned single Judge by reducing the payment as condition for stay to 30% as against 50% of the demand ordered by the learned single Judge. Appellant is granted one month's time from today to make payment, failing which entire arrears will be recovered during pendency of appeal. W.A. is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) kk Judge. 2