IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 W.P(C).No. 3383 of 2008(C) --------------------------------- PETITIONER: -------------- M/S. J & J TIMBERS, MAIN ROAD, CHALAKUDY, THRISSUR DT., REPRESENTED BY ITS MANAGING PARTNER, C.D. JOSEPH. BY ADV. SRI.BOBBY JOHN SRI.P.N.DAMODARAN NAMBOODIRI RESPONDENTS: ----------------- 1) THE INTELLIGENCE OFFICER, SQUAD NO.1, COMMERCIAL TAXES, THRISSUR. 2) THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 3383 OF 2008 C = = = = = = = = = = = = = = = = Dated this the 29th January, 2008 J U D G M E N T The penalty imposed on the petitioner under Ext. P2 is challenged in Ext. P3 appeal which is pending before the 2nd respondent. Petitioner submits that along with Ext. P3 petitioner has also filed Ext. P4 stay petition seeking stay of further proceedings pursuant to Ext. P2 order of penalty. Though the petitioner has also sought an early hearing of the appeal that has not evoked any response from the 2nd respondent. It is in this background this writ petition has been filed. 2. In view of the pendency of the appeal before the 2nd respondent as stated above along with Ext. P4 stay petition I dispose of this writ petition directing that the 2nd respondent shall consider Ext. P4 stay petition filed by the petitioner. This shall be done as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. In the meantime further W.P.(C) No. 3383 OF 2008 -2- proceedings for recovery of the penalty imposed on the petitioner by Ext. P2 will stand deferred for a period of six weeks. ANTONY DOMINIC JUDGE jan/-