By Advs.sri.harisankar v. Menonsmt.meera V.menonsmt.k.krishna

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 31ST DAY OF JANUARY 2020 / 11TH MAGHA, 1941 WP(C).No.2696 OF 2020(J) PETITIONER/S: THE PALAKKAD CO-OPERATIVE MARKETING SOCIETYLIMITED NO. F 1078, CHITTUR ROAD, KUNNATHURMEDU.P.O.,PALAKKAD-678013, REPRESENTED BY ITS SECRETARY, T.R. SUMATHY BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENONSMT.K.KRISHNA RESPONDENT/S: 1THE INCOME TAX OFFICER,WARD 2, AYAKAR BHAVAN, PALAKKAD-678014 2THE COMMISSIONER OF INCOME TAX(APPEALS),SAKTHAN NAGAR, THRISSUR-680021 OTHER PRESENT: SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS, J. ----------------------------------------- W.P.(C.) No. 2696 of 2020 ----------------------------------------- Dated this the 31[st] 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, coercive recovery proceedings have been initiated bythe assessing authority for recovery of the disputed amounts. Heard Sri. Harisankar V.Menon, learned counsel appearing for thepetitioner and Smt.M.M.Jasmine, learned Government Pleader appearingfor the respondents. 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,shall pass order on those application without much delay, preferablywithin a period of two months from the date of production of a certifiedcopy of this judgment. Until orders are thus passed on the abovesaid stayapplication, further coercive steps for enforcement of the impugned orderwill be kept in abeyance. With these observations and directions, the above Writ Petition(Civil) stands finally disposed of. sd/- ALEXANDER THOMAS,JUDGE SKS APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1COPY 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 -2017-18EXHIBIT P3COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT