IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 9320 of 2008(H) ------------------------- PETITIONER: ------------ M/S.SAGAR DISTRIBUTORS,KILIKOLLOOR KOLLAM,REP.BY ITS MANAGING PARTNER-A.SALAHUDEEN. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: ------------- 1. THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES,KOLAM. 2. THE ASSISTANT COMMISSIONER (A.A), COMMERCIAL TAXES,KOLLAM. 3. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES,KOLLAM. BY GOVT. PLEADER MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 9320 OF 2008 H = = = = = = = = = = = = = = = = Dated this the 19th March, 2008 J U D G M E N T The challenge in this writ petition is against Ext. P4, a conditional order of stay granted by the appellate authority requiring the petitioner to remit 50% of the tax and furnish security for the balance. On merits, having gone through the order and also adverting to the contentions I am not satisfied that the petitioner has made out a case for interference. 2. At this stage, counsel for the petitioner prays that the petitioner be permitted to pay the amount in instalments. Taking into account the submission made and also in the light of the contentions urged by the learned Govt. Pleader, I dispose of this writ petition directing that the amount in terms of Ext. P4 shall be paid by the petitioner in two equal monthly instalments. The first instalment shall be remitted by the petitioner before 31.3.2008 and the second instalment will be paid before 15.4.2008. Along with W.P.(C) No. 9320 OF 2008 -2- the first instalment the petitioner shall also furnish the security as ordered in Ext. P4. ANTONY DOMINIC JUDGE jan/-