IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 12084 of 2009(E) -------------------------- PETITIONER(S): --------------- G.NANDAGOPAL, PROPRIETOR TALUPULA ENGINEERING CO. C-47, LG-11, MALVIYA NAGAR NEW DELHI-17 BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.K.S.HARIHARAN NAIR RESPONDENT(S): --------------- 1. THE COMMERCIAL TAX OFFICER(WORKS CONTRACT) OFFICE OF THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES , KOTTAYAM 2. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES , KOLLAM BY GOVERNMENT PLEADER MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 12084 OF 2009 E ```````````````````````````````````````````````````` Dated this the 8th day of April, 2009 J U D G M E N T Heard learned counsel for the petitioner and learned Government Pleader. 2. Writ petition is directed against Ext.P8 order. The petitioner is called upon to remit 50% of the amount and to furnish adequate security for the balance amount. Learned counsel for the petitioner points out that the entire amount has been deducted and there will be a double taxation. 3. Having considered the facts, I feel that interest of justice will be met if the petitioner is called upon to pay 40% of the amount instead of 50% and furnishes security for the balance amount. Accordingly, writ petition is disposed of modifying Ext.P8 and directing that if the petitioner pays 40% of the amount demanded and furnishes adequate security for the balance amount, recovery proceedings against the petitioner will be kept in abeyance till the disposal of Ext.P4 appeal. Petitioner is granted two weeks time from today to comply with the conditions. (K.M.JOSEPH, JUDGE) aks