IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 11321 of 2009(I) ------------------------------------- PETITIONER(S): --------------------- K.MOIDU, PROPRIETOR,KERALA TRADERS,ERAMALA ROAD, ORKKATTERI, VADAKARA. BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL RESPONDENT(S): ------------------------- 1. DEPUTY COMMISIONER (APPEALS), COMMERCIAL TAXES, KOZHIKODE. 2. COMMERCIAL TAX OFFICER, VADAKARA. 3. SALES TAX OFFICER(RECOVERY) OFFICE OF THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, KOZHIKODE. BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.11321 of 2009-I ---------------------------------------------- Dated, this the 6th day of April, 2009 J U D G M E N T The prayers in the writ petition read as follows: “i) call for the records that leads to Exhibit P1 and quash the same by issuing a writ of certiorari. ii). issue a writ of mandamus or a direction to the Ist respondent to consider Exhibit P3 appeal as expeditiously as possible” 2. I heard learned counsel for the petitioner and learned Government Pleader. Against Ext.P1 order petitioner has filed Ext.P3 appeal. In the meantime Ext.P2 recovery notice has been issued. The writ petition is disposed of as follows: If the petitioner files application for condonation of delay and application for stay before the Ist respondent within a period of one week from today, there will be a direction to the Ist respondent to consider and take a decision on the application for condonation of delay, and, if the delay is condoned, the said respondent will consider and take a decision on the stay application within a period of one month WPC No. 11321/2009 -2- from the date of production of a copy of this judgment. Till such a decision is taken, proceedings pursuant to Ext.P2 will be kept in abeyance. Petitioner will produce a copy of this judgment before the Ist respondent as soon as it is received. (K.M.JOSEPH) JUDGE. MS