IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 17159 of 2008(P) ----------------------------------------------- PETITIONER: ------------------ SMT.RAHUMATH BEEGAM, VALIYATH INDUSTRIES, KALLADA. BY ADV. SRI.S.SOMAN SMT.P.RAJATHA RESPONDENTS: ----------------------- 1. SALES TAX OFFICER, (COMMERCIAL TAX OFFICER, KARUNAGAPPALLY). 2. THE KERALA SALES TAX APPELLAE TRIBUNAL, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 17159 OF 2008 P -------------------------------------- Dated this the 10th June, 2008 JUDGMENT Petitioner challenges Ext.P5. Ext.P5 is an order passed by the second respondent, Appellate Tribunal, staying collection of the balance disputed amount demanded on condition that the petitioner remits one half of the disputed demand and furnishes security for the balance one half. Contention taken by the petitioner is that the petitioner has already remitted one third of the amount demanded and the condition imposed now to pay one half of the balance disputed amount is wholly unreasonable. Heard the learned Government Pleader also. Having regard to the facts, I feel that the direction to remit one half of the disputed amount need not be sustained and the interest of justice would be served if the petitioner is called upon to deposit such amount, as after giving credit to one third of the amount which she has already deposited would be sufficient to make the WPC. 17159/08 P 2 deposit one half of the total amount. The deposit shall be made by the petitioner within three weeks from today. For the balance amount, petitioner must necessarily will furnish security. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge