By Adv. Sri.harisankar v. Menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 15TH DAY OF JUNE 2020 / 25TH JYAISHTA, 1942 WP(C).No.11698 OF 2020(J) PETITIONER/S: BALAKRISHNAN NAIR MANAPPATTU MAHESHKUMARMANAPPATTU HOUSE, KOOROPADA, PANGADA, KOTTAYAM-686502. BY ADV. SRI.HARISANKAR V. MENON RESPONDENT/S: 1THE INCOME TAX OFFICER, WARD 3, INCOME TAX OFFICE, PUBLIC LIBRARY BUILDING, SHASTRI ROAD, KOTTAYAM-686001. 2THE COMMISSIONER OF INCOME TAX (APPEALS),INCOME TAX OFFICE, SHASTRI ROAD, KOTTAYAM-686001. OTHER PRESENT: SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON15.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner has approached this Court seeking a direction todispose of Ext.P2 appeal preferred before the respondent. 2.Heard the learned counsel for the parties. Without expressing any opinion on the merits of the matter,I dispose of the writ petition with a direction to the respondent totake a decision on Ext.P2 appeal and stay application Ext.P3 inaccordance with law, after affording an opportunity of hearing tothe petitioner, within a period of 30 days from the date of receiptof a copy of the order. Till such time, recovery proceedingspursuant to the demand notice shall be kept in abeyance. It ismade clear that the interim stay is till the disposal of the interimapplication and not beyond. nak Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18 DATED 26.12.2019. EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 6.2.2020. EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 6.4.2020. EXHIBIT P4 COPY OF CHALLAN NO.01229 FOR RS.50,000/-OF STATE BANK OF INDIA, BANGALORE - PAYMENT MADE BY THE PETITIONER DATED 10.3.2020.