IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 6691 of 2009(F) ------------------------------------- PETITIONER(S): PETITIONER ------------------------------------------ GEORGE C.MUTHOLY, PROPRIETOR, NATIONAL TRADERS, RUBBER TRADERS, ELIKKULAM, KOTTAYAM DISTRICT BY ADV. SRI.BOBBY JOHN SRI.P.N.DAMODARAN NAMBOODIRI RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. THE INTELLIGENCE OFFICER, COMMERCIAL TAXES, THALASSERY. 2. THE DPEUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KANNUR. 3. THE KERALA STATE SALES TAX APPELLATE TRIBUNAL, ADDITIONAL BENCH, KOZHKODE. 4. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALA. 5. THE DEPUTY TAHSILDAR (RR), KANJIRAPALLY. BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No. 6691 of 2009-F ---------------------------------------------- Dated, this the 2nd day of March, 2009 J U D G M E N T Petitioner preferred second appeal before the Sales Tax Appellate Tribunal. Pending second appeal petitioner has obtained interim order of stay subject to certain conditions. Admittedly, petitioner did not comply with the conditions. According to the petitioner, the appeal was taken up for early hearing and it was heard on 29.12.2008, but recovery proceeded. Petitioner approached this court and this court rejected the claim of the petitioner to keep the proceedings in abeyance and further took the view that the petitioner has to bring it to the notice of the Tribunal. Accordingly, petitioner has filed Ext.P10 for modifying the order of stay. Yet, recovery is pressed. 2. I heard the learned counsel for the petitioner and learned Government Pleader. 3. I feel that, petitioner has made out a case for directing the 3rd respondent to consider and take a decision on WPC No.6691/2009 -2- Ext.P10 and to keep the proceedings in abeyance till then. Accordingly, the writ petition is disposed of directing the 3rd respondent to consider and take a decision on Ext.P10 in accordance with law within two weeks from the date of production of a copy of this judgment. Till orders are passed on Ext.P10, recovery proceedings will be kept in abeyance. (K.M.JOSEPH) JUDGE. MS