IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 32295 of 2008(T) -------------------------- PETITIONER(S): --------------- M/S.ALANKAR MARBLES, KUTTIYADI ROAD, KALLODE, PERAMBRA, CALICUT.REPRESENTED BY ITS MANAGING PARTNER P.K.KURIAKKOSE. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): --------------- 1. THE COMMERCIAL TAX OFFICER (AUDIT ASSESSMENT), DEPARTMENT OF COMMERCIAL TAXES, OFFICE OF DEPUTY COMMISSIONER (AA),KOZHIKODE. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERANJIPPALAM, KOZHIKODE. 3. THE DEPUTY TAHSILDAR (RR), KOZHIKODE. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 3.11.08 , THE COURT ON 03/11/2008 DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 32295 OF 2008 T -------------------------------------- Dated this the 3rd November, 2008 JUDGMENT I heard the learned counsel appearing for the petitioner and the learned Government Pleader. The Writ Petition is disposed of as follows: If the petitioner files a petition to condone the delay in filing Ext.P2 Appeal within one week from today, a decision will be taken thereon by the second respondent and if the delay is condoned, a decision will be taken on Ext.P3 stay petition in accordance with law, within a period of one month from the date of receipt of a copy of this Judgment. Till such time as a decision is taken, recovery proceedings pursuant to Ext.P4 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