By Advs.sri.harisankar v. Menonsmt.meera V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 30TH DAY OF JANUARY 2020 / 10TH MAGHA, 1941 WP(C).No.2538 OF 2020(N) PETITIONER: THE KANJIKODE SERVICE CO-OPERATIVE BANK LTD.NO.F1199KANJIKODE P.O, KANJIKODE,PALAKKAD 678 621 REPRESENTED BY ITS SECRETARY, GURU RAJALINGAM BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENTS: 1THE INCOME TAX OFFICER,WARD 1 AND TPS, AYAKAR BHAVAN, PALAKKAD 678 014 2THE COMMISSIONER OF INCOME TAX (APPEALS)SAKTHAN NAGAR,THRISSUR 680 021 SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON30.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS, J. =========================== W.P(C) No.2538 of 2020 ===========================Dated this the 30[th] day of January, 2020 JUDGMENT Against Ext.P1 order, the petitioner has filed Ext.P2 appeal andExt.P3 stay petition. The petitioner's grievance is that during the pendencyof the stay petition, revenue recovery proceedings have been initiated forenforcement of the impugned Ext.P1 order by the assessing authority forrecovery of the disputed amounts. 2.Heard Sri.Harisankar V. Menon, learned counsel appearing forthe petitioner and Sri.Jose Joseph, learned standing counsel appearing forthe respondents. 3.After hearing both sides and after taking note of the facts andcircumstances of the case, it is ordered in the interest of justice that the 2[nd]respondent shall take up the matters in Ext.P3 stay application filed inExt.P2 appeal and after affording reasonable opportunity of being heard tothe petitioner through their authorised representative/counsel, if any, shallpass orders on that application without much delay, preferably within a period of two months from the date of production of a certified copy of thisjudgment. Until orders are thus passed on the abovesaid Ext.P3 stayapplication, further coercive steps for enforcement of the impugned Ext.P1order will be kept in abeyance. With these observations and directions, the above Writ Petition(Civil) stands finally disposed of. Sd/- ALEXANDER THOMASJUDGE vgd APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18 EXHIBIT P2COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 2017-18 EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.