IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 9736 of 2008(H) ------------------------- PETITIONER: ------------ FANTASY SALES CORPORATION, MANJERI REP. BY N.VALEED, MANAGING PARTNER. BY ADV. SRI.P.RAGHUNATH SRI.PREMJIT NAGENDRAN RESPONDENTS: ------------- 1. COMMERCIAL TAX OFFICER, SPECIAL CIRCLE I, CALICUT. 2. DEPUTY COMMISSIONER, COMMERCIAL TAXES, MALAPPURAM. 3. KERALA SALES TAX APPELLATE TRIBUNAL, PALAKKAD BENCH, PALAKKAD. BY G.P. SRI. K.P. PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 9736 OF 2008 -------------------------------------------- Dated this the 24th day of March, 2008 JUDGMENT Since petitioner has filed appeal before the Tribunal against Section 35 proceedings, W.P. is disposed of directing the Tribunal to hear the petitioner and dispose of the appeal out of turn within two months from now. In between the Officer is free to issue consequential orders revising the assessment, but recovery will be kept pending for two months from now. Recovery thereafter will be based on orders in appeal. Petitioner will produce a copy of this judgment before the Tribunal for compliance. (C.N. RAMACHANDRAN NAIR) Judge kk 2