THE HONOURABLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 758 of 2008 ORAL ORDER: (Per T. Meena Kumari, J) The Writ Petition is filed seeking writ of mandamus declaring the action of the 3rd respondent in passing the impugned stay rejection order dated 12.12.2007 in proceedings CCT’s Ref.No. LIII(1)830/2007 and the consequential action of the 1st respondent in insisting for payment of the disputed tax of Rs. 3,03,866/- for the assessment year 2001-2002 under the APGST Act as illegal and to set aside the same and to restrain the 1st respondent from taking any coercive steps for recovery of the said disputed tax, pending disposal of the appeal before the Sales Tax Appellate Tribunal. The learned counsel for the petitioner submits that the petitioner has preferred a stay petition before the 3rd respondent and the stay petition has been rejected by orders dated 12.12.2007 and the appeal filed by the petitioner is still pending before the Sales Tax Appellate Tribunal. Challenging the said rejection, the present Writ Petition has been filed. It is further submitted by the learned counsel for the petitioner that the total amount has been paid, if no stay is granted, the petitioner would be put to irreparable loss. Heard the learned Spl. Government Pleader for Commercial Taxes. In view of the facts and circumstances of the case, it would suffice if stay is granted subject to payment of 50% of the total amount of disputed tax of Rs. 3,03,866/-. Accordingly, the Writ Petition is disposed of. However, pending disposal of the appeal before the Sales Tax Appellate Tribunal, stay is granted subject to payment of 50% of the disputed tax of Rs. 3,03,866/- and the same shall be deposited before the 1st respondent within a period of six weeks from today. It is made clear that if any amount is already paid by the petitioner towards the disputed tax, the same shall be given credit to the 50% of the tax now to be deposited. _______________________ T. MEENA KUMARI, J _______________________________ RAMESH RANGANATHAN, J 22.1.2008 N.B. C.C. in one week. BO CHV