By Advs.sri.harisankar v. Menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 19TH DAY OF NOVEMBER 2014/28TH KARTHIKA, 1936 WP(C).No. 30668 of 2014 (G) --------------------------------------- PETITIONER: ------------------ E. KRISHNADAS, EARATH HOUSE, MYTHREE GARDENS, ELTHURUTH KARAITTUKARA, THRISSUR 680611 BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT(S): ---------------------------- 1. THE INCOME TAX OFFICER, WARD 2(2), THRISSUR 680001 2. COMMISSIONER OF INCOME TAX (APPEALS)-V, ERNAKULAM 682015 R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30668 of 2014 (G) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: ------------------------------------- EXHIBIT P1: COPY OF THE ORDER ISSUED BY THE IST RESPONDENT DATED 19-12-2011. EXHIBIT P2 :COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24-01-2012.RESPONDENT DATED 24-01-2012. EXHIBIT P3:COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10-11-2014. RESPONDENT(S)' EXHIBITS: --------------------------------------- NIL /TRUE COPY/ P.A. TO JUDGE AK P.R. RAMACHANDRA MENON, J. --------------------------------------- W.P.(C) No.30668 of 2014 --------------------------------------- Dated this the 19[th] day of November, 2014. JUDGMENT Being aggrieved of Ext.P1 assessment order passed by thefirst respondent in respect of the assessment year 2009-2010,the petitioner has filed Ext.P2 appeal, along with Ext.P3 petitionfor condoning the delay and Ext.P4 petition stay, which arepending consideration before the second respondent. Thegrievance of the petitioner is that, without any regard to thependency of the above proceedings, the respondents areproceeding with coercive steps, which hence are sought to beintercepted by this Court. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the secondrespondent is directed to pass appropriate orders on Ext.P3petition for stay, in accordance with law, as expeditiously aspossible, at any rate, within 'one month' from the date of receiptof a copy of this judgment. Coercive proceedings shall be kept in W.P.(C) No.30668 of 2014 abeyance till such time. Petitioner shall produce a copy of this judgment, along withcopy of the writ petition, before the second respondent, forfurther steps. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE sp