IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 34444 of 2008(A) -------------------------------------- PETITIONER: ------------------- M/S.KALLIYATH STEEL TRADERS, MANGATTU ROAD, TIRUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS PARTNER SMT.P.T.AYSHA. BY ADV. SRI.K.SRIKUMAR, ADV. SRI.K.MANOJ CHANDRAN. RESPONDENTS: ----------------------- 1. THE ASST.COMMISSIONER (ASSMT)-I, SPECIAL CIRCLE, TIRUR. 2. THE ASSISTANT COMMISSIONER (A.A), COMMERCIAL TAXES DEPARTMENT, MALAPPURAM AT MANJERI. 3. THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (APPEALS), ERNAKULAM. 4. THE INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, MALAPPURAM AT MANJERI. R1 TO R4 BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.34444 of 2008-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of November, 2008. JUDGMENT Having considered the contents of Ext.P1 assessment order, the grounds of appeal against it as raised in Ext.P2 and having heard learned counsel for the petitioner and the learned Government Pleader on behalf of the Department, in view of the non-disposal of Ext.P3 application for stay, this writ petition is ordered directing that if the petitioner remits an amount of Rs.45,000/- within two weeks, further enforcement of Exts.P4 and P4A will stand suspended until consideration and disposal of Ext.P2 appeal by the third respondent. If the petitioner remits the amount as aforesaid, the third respondent will consider taking up Ext.P2 appeal out of turn WP(C)34444/08 -: 2 :- and disposing it off within an outer limit of three months from the date of receipt of a copy of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/211108