IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 WP(C).No. 28943 of 2010(P) -------------------------- PETITIONER(S): --------------- HOTEL ZODIAC INTERNATIONAL, KADUTHURUTHY, REPRESENTED BY JOMON JOSEPH, MANAGING PARTNER. BY ADV. DR.K.B.MUHAMED KUTTY, SENIOR ADVOCATE SRI.K.M.FIROZ RESPONDENT(S): --------------- THE COMMERCIAL TAX OFFICER, DEPARTMENT OF COMMERCIAL TAXES, VAIKOM. GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J ------------------------------ WP(C) NO. 28943 OF 2010 ------------------------------------- Dated this the 20th day of September, 2010 JUDGMENT The petitioner had filed Ext.P1 petition before the respondent seeking rectification of Exts.P5 and P5(a) orders of compounding issued with respect to assessment years 2008-09 and 2009-10. The rectification was sought for under the premise that when assessment for the previous year of 2007-08 was finalised the amount of tax payable for the year was reduced considerably. Hence the compounding permitted with respect to the subsequent two years need be corrected on the basis of the actual tax payable for the year 2007-08. Since the respondent is not disposing Ext.P1 petition, the writ petition is filed seeking appropriate directions. 2. Since Ext.P1 application is pending consideration and disposal before the respondent, I am not entering upon any findings with respect to merit of 2 WP(C) No. 28943/2010 Ext.P1 application. It is for the respondent to consider and dispose of the same at the earliest. 3. In the result, the Writ Petition is disposed of directing the respondent to consider and pass orders on Ext.P1 application, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. 4. Till such time orders are passed on Ext.P1, the amount covered under Exts.P6 and P7 demand notices shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the respondent. C.K. ABDUL REHIM JUDGE dnc