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

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 28TH DAY OF JANUARY 2020 / 8TH MAGHA, 1941 WP(C).No.2263 OF 2020(G) PETITIONER: THOMAS DANIEL,AGED 62 YEARSS/O.DANIEL THOMAS, INDIKATTIL HOUSE, VAKAYAR, KONNI, PATHANAMTHITTA-689698. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENTS: 1THE ASST. COMMISSIONER OF INCOME TAX,CIRCLE-I, INCOME TAX DEPARTMENT, THIRUVALLA-689101.CIRCLE-I, INCOME TAX DEPARTMENT, THIRUVALLA-689101. 2THE COMMISSIONER OF INCOME TAX (APPEALS),KOTTAYAM-686001.KOTTAYAM-686001. SMT.M.M.JASMINE, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON28.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS, J. -------------------------------------- W.P.(C).No. 2263 of 2020 ------------------------------------------------------ Dated this the 28[th] day of January, 2020 JUDGMENT Against Ext.P1 order, the petitioner has filed Ext.P2 appeal and Exts.P3 stay petitions. The petitioner's grievance is that during thependency of the stay petitions, coercive recovery proceedings havebeen initiated by the assessing authority for recovery of the disputedamounts. 2.Heard Sri.Harisankar V. Menon, the learned counselappearing for the petitioner and Smt.M.M.Jasmin, the learnedGovernment Pleader appearing for the respondents. 3.After hearing both sides and after taking note of the factsand circumstances of the case, it is ordered in the interest of justicethat the 2[nd] respondent shall take up the matters in Ext.P-3 stayapplication filed in Ext.P-2 appeal and after affording reasonableopportunity of being heard to the petitioner through their authorizedrepresentative/counsel, if any, shall pass orders on thoseapplications without much delay, preferably within a period of six weeks from the date of production of a certified copy of thisjudgment. Until orders are thus passed on the abovesaid delaycondonation and stay application, further coercive steps forenforcement of the impugned order will be kept in abeyance. With these observations and directions, the above Writ Petition(Civil) stands finally disposed of. Nsd Sd/- ALEXANDER THOMAS JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 20.12.2019. EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 2012-13 DATED18.01.2020. EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 18.01.2020.