IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 31335 of 2008(E) ---------------------------------------------- PETITIONER(S): --------------------- M/S.A.M.M.TRADERS, HILL PRODUCE DEALER, MOZHANGANI, VETTICHIRA, MALAPPURAM DISTRICT, REP. BY ITS MANAGING PARTNER, SRI.N.MUSTHAFA. BY ADV. SRI.E.P.GOVINDAN RESPONDENT(S): ------------------------ 1. THE ASST.COMMISSIONER (AUDIT ASSESSMENT) COMMERCIAL TAXES, MALAPPURAM AT MANJERI. 2. THE DY.COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. 3. THE INSPECTING ASST. COMMISSIONER, COMMERCIAL TAXES, MALAPPURAM AT MANJERI. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 31335 OF 2008 E -------------------------------------- Dated this the 24th October, 2008 JUDGMENT Heard the learned counsel appearing for the petitioner and the learned Government Pleader. The Writ Petition is disposed of directing the second respondent to consider and take a decision on Ext.P4 stay petition in accordance with law, within a period of three weeks from the date of receipt of a copy of this Judgment. Till such time as a decision is taken on Ext.P4, recovery proceedings against the petitioner pursuant to Ext.P1 will be kept in abeyance. Petitioner will produce a copy of this Judgment before the second respondent as soon as it is made available to it. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge