IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 7 of 2008(A) ---------------------- PETITIONER: ------------ KAIRALI PLANTATIONS PVT.LTD. P.B.NO. 63, MARTHOMA BUILDING THIRUVALLA - 689 101, REPRESENTED BY M.K.SAMUEL MANAGING DIRECTOR. BY ADV. SRI.K.P.SREEKUMAR RESPONDENTS: ------------- 1. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, QUILON. 2. KERALA AGRICULTURAL INCOME TAX & SALES TAX APPELLATE TRIBUNAL,TRIVANDRUM-10. 3. THE SALES TAX OFFICER THIRUVALLA. 4. THE TAHSILDAR,THIRUVALLA. 5. THE VILLAGE OFFICER THIRUVALLA. 6. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, TRIVANDRUM. BY GOVERNMENT PLEADER, SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No. 7 of 2008(A) ======================= Dated this the 3rd day of January, 2008 JUDGMENT The petitioner seeks stay of recovery pursuant to Ext.P7 revenue recovery notice on the ground that appeals are pending before the appellate authorities namely respondents 1 to 3. The petitioner's contention is that the Government had granted a stay for a month by Ext.P8 order on the ground that the appeals are pending before the appellate authorities. His complaint is that appeals are still undisposed of. I am of the opinion that the petitioner should move the appellate authorities for stay. Accordingly, without prejudice to the rights of the petitioner to move the appellate authorities for stay, this writ petition is dismissed. However, to enable the petitioner to move stay application before the appellate authorities, there would be an interim stay pursuant to Ext.P7 for a period of two weeks. S.SIRI JAGAN, JUDGE jp