IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 35679 of 2008(V) -------------------------- PETITIONER(S): --------------------- O.K.IMBICHIKOYAKUTTY AGED 56 YEARS, S/O.POKKER, ORUPURAMKANDATHIL HOUSE P.O.,KODUVALLY, CALICUT 673 572. BY ADV. SRI.P.K.IBRAHIM SMT.K.P.AMBIKA SRI.THOMSTINE K.AUGUSTINE SRI.C.N.GOPAKUMAR RESPONDENT(S): ------------------------ 1. THE DEPUTY COMMISSIONER(APPEALS) DEPARTMENT OF COMMERCIAL TAXES, KOZHIKODE. 2. THE ADDITIONAL SALES TAX OFFICER-III VTH CIRCLE, ON DEPUTATION TO IVTH CIRCLE, KOZHIKODE. 3. THE TAHSILDAR (RR) OFFICE KOZHIKODE. BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.35679 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2008 JUDGMENT Feeling aggrieved by Ext.P16 petitioner has preferred Ext.P17 appeal. Ext.P18(a) is the application seeking condonation of delay and Ext.P18(b) is the stay petition. In the meantime, petitioner is faced with recovery proceedings. 2. I heard learned Government Pleader also. The writ petition is disposed of as follows: There will be a direction to the first respondent to consider and take a decision on Ext.P18(a) application for condonation of delay and if the delay is condoned, a decision will be taken on Ext.P18(b) application for stay within a period of one month from the date of receipt of a copy of this judgment. Till such time as a decision is taken, recovery proceedings will be kept in abeyance. Petitioner will produce a copy of this judgment before the first respondent as soon as it is received. (K.M. JOSEPH, JUDGE) sb