IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24496 of 2008(N) -------------------------- PETITIONER: ------------ M/S.KAIRALI AYURVEDIC HEALTH RESORT PVT. LTD., OLASSERY P.O., KODUMBU, PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGER (OPERATIONS), SHRI.ARUN R.S. BY ADV. SRI.T.M.SREEDHARAN SRI.V.P.NARAYANAN RESPONDENTS: ------------- 1. THE INTELLIGENCE OFFICER (IB) COMMERCIAL TAXES, PALAKKAD. 2. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, ERNAKULAM. BY GOVERNMENT PLEADER ADV.SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 24496 OF 2008 N ```````````````````````````````````````````````````` Dated this the 13th day of August, 2008 J U D G M E N T Petitioner challenges Exts.P3 to P5 penalty orders and Ext.P10 stay order. I heard learned counsel for petitioner and learned Government Pleader. A perusal of Ext.P10 order would show that there was no reasoning at all and the petitioner has been called upon to pay 50% of the amount. I think that Ext.P10 is vitiated as there is no reasoning whatsoever how the conditions have been arrived at. In such circumstances, Ext.P10 is quashed and there will be a direction to the 2nd respondent to consider and take a decision on the stay petitions in the appeals for the assessment years 2005-06, 2006-07 and 2007-08 within a period of two weeks from the date of receipt of a copy of this judgment. Till such decision is taken, revenue recovery proceedings against the petitioner shall be kept in abeyance. Writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE