IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9790 of 2009(P) ------------------------- PETITIONER(S): --------------- D.THYAGARAJAN, M/S.HOTEL RAJ RESIDENCY, KALLUVATHUKKAL, KOLLAM. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.K.N.RAVEENDRAN SRI.P.CHANDRASEKHARAN PILLAI (VENNELA) SRI.ANOOP JOSEPH SRI.T.B.SIVAPRASAD SRI.ABHILASH AKBAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. INSPECTING ASSISTANT COMMISSIONER KOLLAM. 3. DEPUTY COMMISSIONER (APPEALS) KOLLAM. 4. INTELLIGENCE OFFICER, COMMERCIAL TAXES, SQUARD NO.III, KOLLAM. BY GOVERNMENT PLEADER MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 9790 OF 2009 P ```````````````````````````````````````````````````` Dated this the 26th day of March, 2009 J U D G M E N T I heard learned counsel for the petitioner and learned Government Pleader. 2. Challenge is against Ext.P3. Stay is granted of collection of penalty on payment of 40% of the amount and furnishing security. It cannot be said that the order is unreasoned. But, at the same time, I feel that interest of justice will be satisfied if the petitioner is called upon to pay one third of the amount and furnishing adequate security for the balance amount. Ordered accordingly. The petitioner is granted time till 10.4.2009 to comply with the conditions. Writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE