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

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 04TH DAY OF JUNE 2020 / 14TH JYAISHTA, 1942 WA.No.690 OF 2020 AGAINST THE JUDGMENT IN WP(C) 6966/2020(U) OF HIGH COURT OF KERALA APPELLANT/PETITIONER: FATHIMAMUNDETH HOUSE, KALADY, ERNAKULAM - 683 574. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENTS/RESPONDENTS: SRI.CHRISTOPHER ABRAHAM, SC, INCOME TAX THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.06.2020,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T T.R.Ravi, J. Against Ext.P1 assessment order issued by the 1[st]respondent, for the year 2017-18, the appellant has preferredExt.P2 appeal before the 2[nd] respondent. The appellant has alsofiled Ext.P3 application before the 2[nd] respondent praying for stayof the recovery steps initiated as per Ext.P4, pending disposal ofthe appeal. The appellant approached this Court praying that the2[nd] respondent may be directed to take a decision on Ext.P2appeal and Ext.P3 stay petition. It was further prayed thatrecovery steps may be stayed in the meanwhile. 2.The writ petition has been disposed of by the learnedSingle Judge directing the 1[st] respondent to take a decision onExt.P3 application for stay filed along with Ext.P2 appeal within 15days from the date of receipt of a copy of the judgment. 3.The appeal has been filed by the appellant challengingthe judgment of the learned Single Judge to the limited extent thatthe learned Judge has not granted stay of the recovery stepspending consideration of the application for stay as directed in thejudgment. 4.Heard the learned Counsel for the appellant andAdv.Sri.Christopher Abraham, learned Standing Counsel for therespondents. We are inclined to grant the limited relief prayed for by theappellant. The writ appeal is allowed directing the 2[nd] respondentto dispose of Ext.P3 application for stay, after hearing theappellant, within 15 days from the date of receipt of a copy of thisjudgment. Recovery proceedings initiated as per Ext.P4 will bekept in abeyance till the disposal of Ext.P3 application. Sd/- K.VINOD CHANDRAN JUDGE Sd/- T.R.RAVIJUDGE