IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 11876 of 2007(L) --------------------------------- PETITIONER(S): ------------------- HAISAL DISILVA, AGED 44, S/O.THOMAS DISILVA, RESIDING AT CHETTIVALAPPIL, VELLANGALORE, THRISSUR DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.REVI RESPONDENT(S): -------------------- 1. THE APPELLATE ASST.COMMISSIONER, THRISSUR. 2. THE COMMERCIAL TAX OFFICER, IRINJALAKUDA, THRISSUR DISTRICT. 3. THE INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, IRINJALAKUDA, PIN - 680 125. BY GOVT.PLEADER SRI.K.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 11876/2007(L) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ASSESSMENT ORDER PASSED BY THE 2ND RESPONDENT DATED 16/12/2006. P2: COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22/02/2007. P3: COPY OF THE CHALAN DATED 22/03/2007 FOR FILING APPEAL. P4: COPY OF THE STAY APPLICATION FILED BY THE PETITIONER DATED 30/03/2007. P5: COPY OF THE CHALAN RECEIPT FOR FILING WXT.P4 DATED 27/03/2007. P6: COPY OF THE DEMAND NOTICE SERVED ON THE PETIITONER DATED 12/02/2007. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs/ P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 11876 OF 2007 ......................................................................... Dated this the 28th October, 2010 J U D G M E N T The petitioner has approached this court with the following prayers. “i) To issue an appropriate writ, order or direction commanding the 1st respondent to consider Exts. P2, P4 and P5 and dispose of the same and till such time to direct the 3rd respondent not initiate any further proceedings pursuant to Ext.P6 recovery notice in the interest of justice. AND ii) to pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.” 2. When the matter came up for consideration before this court on 04.04.2007, it was admitted ordering notice and also granting interim order as given below: “Admit. Issue Notice. If Ext. P4 stay petition is received and pending, the first respondent will consider and pass orders thereon in accordance with law within W.P.(C) No. 11876 OF 2007 2 two weeks from the date of production of a copy of this order. Further recovery pursuant to Ext. P6 shall be kept in abeyance for a period of three weeks from today.” 3. It appears that the petitioner is no more aggrieved with the matter in so far as he has not turned up to get the interim order extended any further as the requisite relief has already been obtained from the departmental authorities, where the appeal is pending. In the said circumstances, no further orders are called for. The Writ Petition is closed, however, without prejudice to the rights and liberties of the petitioner to challenge the orders passed by the appellate authority, if at all it has gone against the petitioner in any manner, in accordance with law. P.R. RAMACHANDRA MENON, JUDGE. lk