IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35841 of 2008(P) -------------------------- PETITIONER(S): --------------------- A.MOHAMMED IBRAHIM, S/O.ABDUL KAREEM, PROPRIETOR, HASEENA STORES, VELANTHAVALAM, PALAKKAD. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ----------------------- 1. COMMERCIAL TAX OFFICER, COMMERCIAL TAXES DEPARTMENT CHITTUR, PALAKKAD. 2. SALES TAX APPELLATE TRIBUNAL ADL.BENCH PALAKKAD. BY GOVT.PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.35841 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December, 2008 JUDGMENT Against Ext.P2 order, petitioner has preferred Ext.P3 appeal. Petitioner seeks a direction to dispose of Ext.P3 appeal. 2. I heard learned counsel for the petitioner and the learned Government Pleader. 3. The appeal is filed on 18.11.2008. I do not see any reason as to why the petitioner should be given an order directing the second respondent to dispose of the appeal filed by the petitioner in November, 2008 before 31.12.2008. Of course, according to the petitioner Amnesty Scheme is pending. But in the amended provisions, if the appeal is subsequently allowed, the petitioner will get the benefit of the order passed in the appeal. In such circumstances, the writ petition is disposed of as follows: If the petitioner files an application for stay in the appeal within one week from today, the application will be considered and decision taken by the second respondent in accordance with law within a period of three weeks from the date of filing of the petition. Proceedings will be kept in WPC.35841/2008. 2 abeyance till a decision is taken on the stay application, provided the petitioner files the application within one week from today. Petitioner will produce a copy of this judgment before the second respondent as soon as it is received. (K.M. JOSEPH, JUDGE) sb