IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WA.No. 723 of 2009 --------------------------- AGAINST THE JUDGEMENT/ORDER IN W.P.(C).NO.5949/2009 DATED 25/02/2009 .................... APPELLANT/ PETITIONER: -------------------------------------- S.NAJUMUDEEN, PROPRIETOR, S.N.TRADERS, ATTAKULANGARA,THIRUVANANTHAPURAM. BY ADVS. MR.S.ANIL KUMAR, MR.K.S.HARIHARAN NAIR. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. COMMISSIONER OF COMMERCIAL TAXES, VIKAS BHAVAN.PO, THIRUVANATHAPURAM-695 033. 2. THE ASSISTANT COMMISSIONER (ASSESSMENT), COMMERCIAL TAXES (SPECIAL CIRCLE), THIRUVANANTHAPURAM. 3. THE INTELLIGENCE OFFICER (I.B), THIRUVANANTHAPURAM. 4. THE DY.COMMISSIONER,COMMERCIAL TAXES, THIRUVANANTHAPURAM. R1 TO R4 BY GOVT. PLEADER MR. V.K. SHAMSUDEEN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. JUDGMENT Heard counsel for the appellant and Govt. Pleader for the respondents. Even though we do not find any ground to interfere with the conditional stay order granted by the learned Single Judge, in view of the announcement of amnesty scheme by Government, we clarify that the payment made under interim orders of this Court should be treated as payment under amnesty scheme, if amnesty scheme is applicable and petitioner opts for it. Out of Rs. 3 lakhs, Rs. 1.5 lakhs should be paid before 30.3.2009 and balance Rs. 1.5 lakhs should be paid before 30.4.2009. Writ appeal is disposed of accordingly. 25.3.2009 Sd/- C.N.RAMACHANDRAN NAIR Judge Sd/- K.SURENDRA MOHAN Judge jj /True copy/ P.S to Judge