IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 2568 of 2008(E) ------------------------- PETITIONER: --------------- M/S. HOTEL LUCIYA, STADIUM ROAD, ERNAKULAM, REPRESENTED BY ITS PARTNER C.J.JOHNY. BY ADV. SRI.K.J.ABRAHAM RESPONDENTS: ------------------ 1. ASST. COMMISSIONER (ASSESSMENT), SPECIAL CIRCLE-II, COMMERCIAL TAXES, ERNAKULAM. 2. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. 3. INSPECTING ASST. COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO.2568 OF 2008 E ===================== Dated this the 22nd day of January, 2008 J U D G M E N T Ext.P1 order of assessment for the year 2004-05 is challenged in Ext.P2 appeal, which is pending consideration of the 2nd respondent. In the meanwhile, the amount due in terms of Ext.P1 is sought to be recovered by issuing Ext.P3 demand notice and hence this writ petition. 2. Petitioner points out that for the previous year on an identical factual situation they had filed WP(C) No.21338/07 and that the said case was disposed of by Ext.P4 directing disposal of the appeal on condition that the petitioner remits 25% of the turnover due. 3. In view of the above, this writ petition will also stand disposed of directing that the 2nd respondent shall take up and consider Ext.P2 appeal filed by the petitioner against Ext.P1 order WPC 2568/08 :2 : of assessment, as expeditiously as possible, at any rate within six weeks of production of a copy of this judgment. In the meantime, further proceedings pursuant to Ext.P3 will stand deferred on condition that within ten days from today, the petitioner remits 25% of the amount due in terms of Ext.P1. ANTONY DOMINIC, JUDGE. Rp