By Advs.sri.harisankar v. Menon, Smt.meera V.menon, Sri.mahesh V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH DAY OF JANUARY 2012/22ND POUSHA 1933 WPC.No. 949 of 2012 (P) ------------------------------------- PETITIONER(S): ------------------------ K.J.THOMASKUTTY, PROPRIETOR, M/S.MODERN ROCK MINING INDUSTRIES, THALACHIRA, ERAM P.O., KOMPANOLIL, VADASSERIKKARA, PATHNAMTHITTA DISTRICT. BY ADVS.SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON, SRI.MAHESH V.MENON. RESPONDENT(S): --------------------------- 1. AGRICULTURE INCOME TAX & COMMERCIAL TAX OFFICER, RANNY-689 672. RANNY-689 672. 2. INTELLIGENCE OFFICER, SQUAD NO.1, DEPARTMENT OF COMMERCIAL TAXES, PATHANAMTHITTA-689 645. 3. DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, KOLLAM-691 001. R1 TO R3 BY GOVERNMENT PLEADER SMT. SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.949/2012 P APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF INVOICE NO.2250081 DATED 10/8/2010. EXT.P2 COPY OF SECURITY DEPOSIT BOND OF THE PETITIONERDTD. 21/08/2010.DTD. 21/08/2010. EXT.P3COPY OF ORDER ISSUED BY THE 2ND RESPONDENT DTD.26/8/2010. EXT.P4COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RDRESPONDENT DTD. 03/12/2011.RESPONDENT DTD. 03/12/2011. EXT.P5 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE3RD RESPONDENT DTD. 03/12/2011.3RD RESPONDENT DTD. 03/12/2011. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No.949 of 2012 ``````````````````````````````````````````````````````````` Dated this the 12[th] day of January, 2012 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Aggrieved by Ext.P3 order levying penalty on thepetitioner Ext.P4 appeal was filed before the 3[rd] respondentalong with Ext.P5 application for stay. In this writ petitionwhat is sought for by the petitioner is an expeditiousconsideration of the stay petition. In that view I dispose ofthis writ petition directing that the 3[rd] respondent beforewhom Exts.P4 and P5 are pending shall consider Exts.P4and P5 and pass orders thereon at any rate within 4 weeksfrom the date of production of a copy of the judgment. In themeantime further action for recovery of the penalty will bekept in abeyance. Petitioner shall produce a copy of the judgment alongwith a copy of the writ petition before the 3[rd] respondent forcompliance. (ANTONY DOMINIC, JUDGE)