Ext.P1 assessment order for the year 2009-2010 is under challenge in Ext.P2 appeal. Pursuant to Ext.P3 judgment passed in W.P.(C). No. 6648 of 2014, I.A for stay was considered and the 2nd respondent passed Ext.P4 order dated 10.6.2014 granting interim stay, subject to satisfaction of 40% of the disputed liability. Admittedly, the same could not be complied with by the petitioner. In the meanwhile, coercive steps were initiated which made the petitioner to approach this Court seeking to intercept Ext.P6.
2. Heard the learned Government Pleader as well.
3. During the course of hearing, the learned counsel for the petitioner submits that the default was never wilful but because of some unforeseen circumstances and seeks for a breathing time to satisfy the condition. After hearing both the sides, also considering the persuasive submission made by the learned counsel for the petitioner, a further period of 'two weeks' time is W.P.C. No. 34691 of 2014 -2-
granted to satisfy the condition imposed as per Ext.P4; upon which the petitioner will continue to enjoy the benefit of interim stay during pendency of the appeal. The second respondent is directed to finalize the appeal in accordance with law after hearing the petitioner at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps. The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
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