IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12729 of 2008(M) -------------------------- PETITIONER: ------------ ARUN THOMAS, AGED 35 YEARS, S/O.K.G.THOMAS, KAIMATHURUTHU HOUSE, PUTHENVELIKARA. BY ADV. SRI.A.T.ANILKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REP.BY REVENUE SECRETARY, SECRETARIAT THIRUVANANTHAPURAM. 2. COMMERCIAL TAX OFFICER, 2ND CIRCLE, MATTANCHERY. 3. THE DEPUTY COMMISSIONER, ERNAKULAM. 4. DEPUTY TAHSILDAR,(RR), TALUK OFFICE, PARAVOOR. 5. VILLAGE OFFIER, PUTHENVELIKARA VILLAGE. BY G.P. SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 12729 OF 2008 -------------------------------------------- Dated this the11th day of April, 2008 JUDGMENT Since counsel for the petitioner submitted that petitioner has paid 50% of the demand in terms of Ext.P3 judgment, W.P. is disposed of directing the appellate authority to hear the petitioner and dispose of the appeal within three months from now. Petitioner will produce a copy of this judgment before the appellate authority for compliance. If petitioner has paid 50% of the disputed tax or at least pays upto 50% by 25.4.2008, recovery of the balance will stand stayed till disposal of the appeal and recovery thereafter will be based on orders in appeal. If petitioner has not paid, or does not pay upto, 50% of the disputed tax by 25.4.2008 then respondents will be free to proceed for recovery of the entire amount from the petitioner during the pendency of the appeal. (C.N. RAMACHANDRAN NAIR) Judge kk 2