IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 11309 of 2008(U) -------------------------- PETITIONER: ------------ M/S.GEO TECH CONSTRUCTIONS CO.(P) LTD, PANAMPILLY NAGAR, KOCHI 682 036, REPRESENTED BY ITS DIRECTOR, SRI.C.J.RAJAN. BY ADV. SRI.E.K.NANDAKUMAR RESPONDENTS: ------------- 1. COMMERCIAL TAX OFFICER (AA), OFFICE OF THE DEPUTY COMMISSIONER (AA), COMMERCIAL TAXES, ERNAKULAM PIN CODE 682 015. 2. DEPUTY COMMISSIONER OF COMMERCIAL TAXES (APPEALS), ERNAKULAM, KOCHI 682 015. 3. INSPECTING ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, ERNAKULAM, KOCHI 682 030. 4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY (TAXES), GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM 695 001. BY GOVERNMENT PLEADER SRI. TEK CHAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).11309/2008 -------------------- Dated this the 2nd day of April, 2008 JUDGMENT Aggrieved by Ext.P1 order of assessment, petitioner has preferred Ext.P2 appeal before the second respondent and has also moved Ext.P3 application for stay of collection of disputed tax. Orders are yet to be passed on the application for stay. In the meanwhile, Ext.P4 recovery notice was issued and this was followed by Ext.P5 prohibitory order restraining the operation of account held by the petitioner in the Catholic Syrian Bank and the State Bank of Travancore. Hence the writ petition. Orders are to be passed on the application for stay by the appellate authority. In the result, writ petition is disposed of directing the second respondent to pass orders on Ext.P3 application for stay within a period of three weeks from the date of receipt of a copy of this judgment. This judgment shall be produced by the petitioner on or W.P.(C).11309/2008 2 before 9.4.2008, before the second respondent. Enforcement of Exts.P4 and P5 shall stand stayed for a period of six weeks from today. V.GIRI, Judge mrcs