IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WA.No. 287 of 2010() -------------------- AGAINST THE /ORDER IN WPC.34526/2009 Dated 10/02/2010 .................... APPELLANT: -------------- N.T.THAJUDEEN, 25/638, KARIKATH LANE, THRISSUR. BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.K.S.HARIHARAN NAIR RESPONDENT(S): --------------- 1. INTELLIGENCE OFFICER, SQUAD II, COMMERCIAL TAXES, THRISSUR. 2. INTELLIGENCE OFFICER, SQUAD III, COMMERCIAL TAXES, THRISSUR. 3. THE ASSISTANT COMMISSIONER(ASSESSMENT)-II, COMMERCIAL TAXES SPECIAL CIRCLE, THRISSUR. BY G.P. SRI.K.P.PRADEEP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, AG. C.J. & C.N.RAMACHANDRAN NAIR, J. .................................................................... Writ Appeal No.287 of 2010 .................................................................... Dated this the 19th day of February, 2010. JUDGMENT Raman, Ag. C.J. This appeal is against an interim order passed by the learned Single Judge requiring the appellant to deposit Rs.18 lakhs which is only one third of the penalty amount demanded from the appellant. Challenging the penalty proceedings he filed a Writ Petition which is still pending consideration. Exercising the discretionary power the learned Single Judge found that for the purpose of extending the stay order, a condition should be imposed and accordingly directed to deposit Rs.18 lakhs representing one third only. There is no question of law or any error committed by the learned Single Judge. In passing the interim order the discretion has been properly exercised and we find 2 no ground to interfere with the same. Writ Appeal is dismissed. However, we extend the time for payment by two weeks from today. P.R.RAMAN Acting Chief Justice C.N.RAMACHANDRAN NAIR Judge pms