IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 37902 of 2008(K) -------------------------- PETITIONER(S): --------------------- M/S.B' CANTI HOMES,T.C.NO.9/153, P.B.NO.6125, JAWAHAR NAGAR, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR SHRI ALEX THOMAS. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF SALES TAX, THIRUVANANTHAPURAM. 3. DEPUTY COMMISSIONER(APPEALS), THIRUVANANTHAPURAM. 4. COMMERCIAL TAX OFFICER, AUDIT ASSESSMENT WORKS CONTRACT CIRCLE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.37902 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2009 JUDGMENT I heard learned counsel for the petitioner and the learned Government Pleader. 2. Learned counsel for the petitioner submits that the petitioner has preferred Exts.P7 to P10. In such circumstances, the writ petition is disposed of as follows: The writ petition is disposed of directing the third respondent to consider and take a decision on Ext.P10 application for condonation of delay and if the delay is condoned, there will be a further direction to consider and take a decision on Ext.P8 application for stay 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.P3 will be kept in abeyance. Petitioner will produce a copy of this judgment before the third respondent as soon as it is received. (K.M. JOSEPH, JUDGE) sb WPC. 2