IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 33735 of 2008(N) -------------------------- PETITIONER(S): ---------------------- HITESH HIRACHAND, M/S.COLOUR COTTON (INDIA), 39/5352, 1ST FLOOR, PANAMPILLY NAGAR, ERNAKULAM 682 036. BY ADV. SRI.GEORGE C.VARGHESE RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY, DEPARTMENT OF COMMERCIAL TAXES. 2. DEPUTY COMMISSIONER, (APPEALS) COMMERCIAL TAXES DEPARTMENT, ERNAKULAM. 3. COMMERCIAL TAX OFFICER (AUDIT & ASSESSMENT), COMMERCIAL TAXES DEPARTMENT, ERNAKULAM. BY GOVT.PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.33735 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November, 2008 JUDGMENT I heard learned counsel for the petitioner and the learned Government Pleader. The writ petition is disposed of directing the second respondent to consider and take a decision on the application for stay filed along with Ext.P5 appeal in accordance with law within a period of three weeks from the date of receipt of a copy of this judgment. Till such time as a decision is taken, recovery pursuant to Ext.P4 will be kept in abeyance. Petitioner will produce a copy of this judgment before the second respondent as soon as it is received. (K.M. JOSEPH, JUDGE) sb