IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38080 of 2008(G) --------------------------------------- PETITIONER: ------------------- M/S.PERIYAR GRANITES (P) LTD., AIRAPURAM P.O., KEEZHILLAM, PERUMBAVOOR, REPRESENTED BY ITS DIRECTOR, T.JACOB. BY ADV. SRI.ARIKKAT VIJAYAN MENON, SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON, SRI.MAHESH V.MENON. RESPONDENTS: ----------------------- 1. INTELLIGENCE OFFICER, SQUAD NO.III, DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 2. DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 3. INSPECTING ASST.COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, MUVATTUPUZHA. R1 TO R3 BY GOVT. PLEADER SRI. V. TEK CHAND. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.38080 of 2008-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of December, 2008. JUDGMENT Having considered the contents of Ext.P1 and the grounds of appeal in Ext.P2 appeal and having considered the pleadings in the writ petition and having heard the learned counsel for the petitioner and the learned Government Pleader, it is ordered that recovery proceedings pursuant to Ext.P1 will stand suspended during the pendency of Ext.P2 appeal on condition that the petitioner remits an amount of Rs.1,35,000/- within three weeks. If such remittance is made, Ext.P2 appeal will be taken up out of turn and disposed of within four months from the date of receipt of a copy of this judgment or deposit, whichever is later. It is clarified that the appellate authority will be at liberty to arrive at its own decision on the delay petition. The petitioner WP(C)38080/08 -: 2 :- will produce a copy of this judgment before the appellate authority. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/