IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 8727 of 2009(I) ------------------------------------------- PETITIONER(S): ---------------------- S.ABOOBACKER, PROPRIETOR ABOOBACKER AGENCIES, RAMLA BUILDING VAVARAMBALAM, POTHENCODE P.O. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): ------------------------ THE DEPUTY COMMISSIONER (APPEALS) THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 8727 OF 2009 I -------------------------------------- Dated this the 20th March, 2009 JUDGMENT Ext.P9 is impugned. It is an order passed by the Appellate Authority granting stay of collection of disputed tax and interest. The order reads as follows: “Steps for collection of disputed tax and interest due for the year 2007-08 are stayed till the disposal of appeal subject to the condition that the appellant pays Rs.3,00,000/= from the disputed tax and interest of Rs.8,42,810/= within two weeks from the date of receipt of this order.” 2. I heard Shri B. Krishna Mani, learned counsel for the petitioner and the learned Government Pleader. Learned counsel for the petitioner pointed out that in the assessment order, the tax due is stated as Rs.8,10,394/= and the balance interest is shown as Rs.32,416/=. He complains that by the WPC.8727/09 I 2 impugned order (Ext.P9), the petitioner was called upon to pay Rs.3,00,000/= and interest of Rs.8,42,810/=. Learned Government Pleader would immediately point out that the only condition imposed by the Appellate Authority is the payment of Rs.3 Lakhs and he clarifies that the sum of balance tax due and the balance interest due comes to Rs.8,42,810/= and it is out of the said amount that the petitioner is called upon to pay Rs.3 Lakhs. 3. After having gone through the order, I see absolutely no reason to interfere with Ext.P9 order. Then, the learned counsel for the petitioner would submit that the petitioner may be given some time. In such circumstances, if the petitioner deposits a sum of Rs.1,25,000/= (Rupees One Lakh & Twentyfive Thousand) on or before 31.3.2009, the petitioner will be granted time till 20.4.2009 to deposit the balance amount of Rs.1,75,000/= and the petitioner is given time to furnish security WPC.8727/09 I 3 as ordered in Ext.P9 till 15.4.2009. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge