IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 18812 of 2010(B) -------------------------- PETITIONER: --------------- MALABAR HATCHERY (P) LTD., THENKARA P.O., MANNARKKAD, PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR P.U.KRISHNAN BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.K.S.HARIHARAN NAIR RESPONDENTS: --------------- 1. INTELLIGENCE OFFICER, SQUAD NO.III, COMMERCIAL TAXES, PALAKKAD. 2. COMMERCIAL TAX OFFICER, MANNARKKAD, PALAKKAD. 3. THE DY.COMMISSIONER (APPEALS), ERNAKULAM. SENIOR GOVERNMENT PLEADER SRI.C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ......................................... WP (C) No. 18812 of 2010 ......................................... Dated this the 17th day of June, 2010 J U D G M E N T ------------------------ Being aggrieved of Exhibit P1 order imposing penalty, passed by the first respondent, the petitioner has preferred Exhibit P2 appeal along with Exhibit P3 petition for stay, which are pending consideration before the second respondent. In the meanwhile, Exhibit P5 notice has been issued by the second respondent, seeking to have the penalty realized, which made the petitioner to approach this Court by filing the present Writ Petition. 2. Learned Government Pleader appears for the respondents submits that, going by the materials on record, there is delay on the part of the petitioner in availing the 2 WP (C) No. 18812 of 2010 appellate remedy, despite which there is no petition to condone the delay in filing the appeal. 3. Learned counsel for the petitioner submits that it was an inadvertent mistake and that no defect has been pointed out till date, in this regard. However, it is also stated that the petitioner might be permitted to move the appellate authority by filing an IA to condone the delay if any. 4. After hearing both the sides the petitioner is permitted to file an I.A to condone the delay, if any in filing the appeal, within one week from the date of receipt of a copy of this judgment, on which event, the third respondent shall consider the said IA along with Exhibit P3 IA for stay and appropriate orders shall be passed thereon, in accordance with law, as expeditiously as possible, at any rate, within one month thereafter. It is made clear that, till 3 WP (C) No. 18812 of 2010 orders are passed in the IAs as aforesaid, all further proceedings pursuant to Exhibit P5 shall be kept in abeyance. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. rkc