IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 9088 of 2009(E) ------------------------- PETITIONER(S): --------------- M/S.ELTECH INDUSTRIES, PANCODE P.O., KOLENCHERRY, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, PRINCE EAPEN. BY ADV. SRI.JACOB E SIMON RESPONDENT(S): --------------- 1. THE COMMERCIAL TAX OFFICER, COMMERCIAL TAXES OFFICE, SECOND CIRCLE PERUMBAVOOR, ERNAKULAM DISTRICT. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. 3. THE APPELLATE ASSISTANT COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. 4. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY) TALUK OFFICE, KUNNATHUNAD, PERUMBAVOOR. 5. THE VILLAGE OFFICER, AIKARANADU NORTH, KUNNATHUNAD TALUK, KADAYIRIPPU, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 9088 OF 2009 E ```````````````````````````````````````````````````` Dated this the 20th day of March, 2009 J U D G M E N T Prayers in the writ petition are as follows. (i) to call for in the records leading to Ext.P5 appeal rejection order and set aside the same by issuing a writ of certiorari or any other appropriate writ, direction or order; (ii) to direct the second and third respondents to restore Ext.P2 appeal on files and to dispose of the same in accordance with law as expeditiously as possible by issuing a writ of mandamus or any other appropriate writ, direction or order; (iii) alternatively, to direct the second and third respondents to return Ext.P2 appeal file and connected papers to the petitioner so as to enable the petitioner to cure the defects by issuing a writ of mandamus or any other appropriate writ, direction or order. 2. I heard learned counsel for the petitioner and learned Government Pleader. 3. Petitioner preferred Ext.P2 appeal against Ext.P1 assessment order. It stands acknowledged by Ext.P3. Ext.P4 is the hearing notice. The appeal stands rejected by Ext.P5. It is WPC.9088/09 : 2 : stated in Ext.P5 that since the appellant has failed to pay the Kerala Legal Benefit Fund fee, the appeal is defective and hence rejected. Of course, it is stated that Advocate K.M.Firoz appeared and submitted that there is no instruction from the appellant. According to the petitioner, it was in another case that the said submission was made and he would further submit that actually the amount was paid but any way he is prepared to pay the amount towards the Kerala Legal Benefit Fund fee. Learned Government Pleader does not seriously oppose. I feel that the petitioner should be given an opportunity to cure the defect. Accordingly, writ petition is disposed of as follows. Ext.P5 stands quashed on condition that the petitioner remits the amount payable to the Kerala Legal Benefit Fund fee within a period of one week from today. Upon payment of the said amount, the appeal will stand restored and Ext.P5 order will be revived. There will be no recovery for one week from today. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE