IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 4327 of 2008() ------------------------ PETITIONER: ------------ ABDUL KHALAM, AGED 47 YEARS, S/O.ABDUL MAJEED, PROPRIETOR, THAHANI TEX AND READYMADES, KULATHUPUZHA, BRANCH AT ATTINGAL. BY ADV. DR.K.B.MUHAMED KUTTY (SR.) SRI.K.M.FIROZ RESPONDENTS: ------------- 1. THE COMMERCIAL TAX OFFICER, IIND CIRCLE, COMMERCIAL TAXES DEPARTMENT, ANCHAL. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOLLAM. 3. THE TAHSILDAR, CHIRAYINKEEZHU. BY GOVERNMENT PLEADER SRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 4327 of 2008 ------------------------------------- Dated: February 6, 2008 JUDGMENT Against Ext.P1 assessment order, petitioner has filed Ext.P2 appeal before the 2nd respondent. The appeal was belated and therefore Ext.P4 application for condonation of delay and Ext.P3 application for stay were also filed. It is submitted that while these interlocutory applications are remaining without any orders, Ext.P5 demand notice has been issued by the 1st respondent for payment of the amount due under Ext.P1. It is in this background the writ petition has been filed. 2. Having regard to the pendency of the appeal along with the interlocutory applications, I dispose of this writ petition directing that the 2nd respondent shall take up and consider Ext.P4 application for condonation of delay and pass appropriate orders on it as expeditiously as possible, at any rate, within four weeks from the date of production of a copy of this judgment. Depending upon the outcome of Ext.P4, the 2nd respondent shall also consider WP(C) 4327/08 Page numbers Ext.P3 application for stay within the aforesaid period of four weeks. In the meantime, all further proceedings pursuant to Ext.P1 will stand deferred for a period of six weeks from today. Petitioner may produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE mt/-