IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 32455 of 2008(L) -------------------------- PETITIONER(S): --------------- CHACKO ANTONY, PROPRIETOR M/S.BLUE STAR AGENCIES NEAR FIRE STATION CHANGANACHERRY BY ADV. SRI.JOMY GEORGE SRI.P.REJINARK RESPONDENT(S): --------------- 1. COMMERCIAL TAX OFFICER 11ND CIRCLE CHANGANACHERRY 2. DEPUTY COMMISSIONER(APPEALS) COMMERCIAL TAXES KOLLAM 3. INSPECTING ASST. COMMISSIONER COMMERCIAL TAXES, KOTTAYAM BY GOVERNMENT PLEADER ADV.SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 32455 OF 2008 L ```````````````````````````````````````````````````` Dated this the 4th day of November, 2008 J U D G M E N T Exts.P9 and P10 are challenged in the writ petition which are the orders passed by the appellate authority granting stay of collection of tax on condition that the petitioner deposits 50% of the balance tax. The complaint of the petitioner is that there is a violation of the judgment in Supreme Electrical Engineering Pvt. Ltd. Vs. Commercial Tax Officer [2008 (3) KLT 805]. 2. I heard learned Government Pleader also. 3. After perusing the impugned orders, I feel that the petitioner is justified in the complaint that it does not conform to 2008 (3) KLT 805. Accordingly, Exts.P9 and P10 are quashed. It is ordered that the 2nd respondent will consider the matter afresh and take a decision in accordance with law within two weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (K.M.JOSEPH, JUDGE) aks