IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 19396 of 2008(H) -------------------------- PETITIONER: ------------- MR.JAMES ANTONY, S/O.ANTONY, PALATHINKAL HOUSE, NEDUMKANDOM. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENTS: ---------------- 1. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. 2. TAHASILDAR (R R), UDUMBANCHOLA TALUK, NEDUMKANDOM. BY GOVT. PLEADER, SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 19396 OF 2008 H ```````````````````````````````````````````````````` Dated this the 2nd day of July, 2008 J U D G M E N T Petitioner seeks direction to the 1st respondent to dispose of Ext.P2 appeal and further direction to the 2nd respondent not to proceed with Ext.P3 until Ext.P2 appeal is heard and disposed of. 2. I heard learned Government Pleader also. The learned Government Pleader, on instructions, submits that even though the petitioner has filed an appeal, a defect was noted and the petitioner has been called upon to cure the defect on or before 9.7.2008. It is for the petitioner to cure the defect, if any, noted by the appellate authority and to move the appellate authority for stay of the recovery proceedings. In order to facilitate the petitioner to cure the defect and also to move for interim orders, further proceedings pursuant to Ext.P3 will be kept in abeyance for a period of one month from today. Writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE