IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 WP(C).No. 12913 of 2009(H) -------------------------- PETITIONER: --------------- K.V.JOHNY, PROPRIETOR, M/S. KWALA DIAMONDS, DOOR NO.XI/479(1), JWALA TOWER, AMBADY LANE, VELIYANNUR, THRISSUR - 21. BY ADV. SRI.BOBBY JOHN SRI.TOMSON T.EMMANUEL RESPONDENTS: --------------- 1. THE COMMERCIAL TAX OFFICER, COMMERCIAL TAX OFFICE, 4TH CIRCLE, THRISSUR. 2. THE DEPUTY COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, THRISSUR. 3. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. GOVT.PLEADER, SRI.K.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM ------------------------------------------- W.P.(C)No.12913 OF 2009 -------------------------------------------- Dated this the 12th day of May, 2009. J U D G M E N T ~~~~~~~~~~~~ Through Ext.P8 order issued by the 2nd respondent, the permission for compounding granted to the petitioner was cancelled. Earlier the petitioner approached this Court in a writ petition. Through Ext.P13 judgment he was relegated to seek the remedy by way of statutory revision against the order. It is submitted that the petitioner had filed Ext.P14 revision before the 3rd respondent along with a petition for condonation of delay, as evidenced by Ext.P15 and a stay petition, as evidenced by Ext.P16. The petition for condonation of delay as well as the petition seeking stay of operation of the order impugned, has not so far been considered by the 3rd respondent, is the complaint. Since the petition for condonation of delay and stay application are pending disposal before the 3rd respondent, I am not inclined to grant any absolute stay till disposal of the revision petition. W.P.(C) No.12913/2009 :2: Under such circumstances, the writ petition is disposed of, directing the 3rd respondent to consider and dispose of Ext.P15 application seeking condonation of delay in filing the revision petition at the earliest. It is further directed that if the delay is condoned, then Ext.P16 application shall be taken for consideration and appropriate orders should be passed on the same, immediately. The disposal of Exts.P15 and P16 as directed above shall be done, as early as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. In order to facilitate the petitioner to get Exts.P15 and P16 disposed of, the respondents are directed to keep in abeyance all proceedings pursuant to Ext.P8, till orders are passed by the 3rd respondent on Exts.P15 and P16. The petitioner is directed to produce a copy of this judgment before the 2nd respondent forthwith. (C.K.ABDUL REHIM, JUDGE) ps