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 MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941 WP(C).No.626 OF 2020(C) PETITIONER: K. KUTHUBUDHEENAGED 70 YEARSKALODI HOUSE, PARAMMAL,CHERUSHOLA P. O., MALAPPURAM - 676 510. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENONSMT.K.KRISHNA RESPONDENTS: 1THE INCOME TAX OFFICER,WARD 1 AND TPS, INCOME TAX DEPARTMENT, TIRUR - 676101.2THE COMMISSIONER OF INCOME TAX (APPEALS)INCOME TAX DEPARTMENT, KOZHIKODE - 673 001. OTHER PRESENT: SRI.CHRISTOPHER ABRAHAM, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON13.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS, J.=========================WP(C).NO.626 of 2020 ========================= Dated this the 13[th] day of January, 2020 J U D G M E N T The prayers in the above Writ Petition (Civil) are as follows: “ i)To direct the 2[nd] respondent to dispose of Ext. P2appeal and Ext. P3 stay petition expeditiously by the issueof a writ of mandamus or such other writ or order ordirection. appeal and Ext. P3 stay petition expeditiously by the issueof a writ of mandamus or such other writ or order ordirection. ii)To grant the petitioner such other incidental reliefsincluding the costs of these proceedings.”including the costs of these proceedings.” 2.Heard Sri.Harisankar.V.Menon, learned counsel appearing for the petitioner and Sri.Christopher Abraham, learnedStanding Counsel appearing for the Income Tax Department,Government of India, appearing for the respondents. 3.Being aggrieved by impugned Ext.P1 order, thepetitioner has filed Ext.P2 appeal before the 2[nd] respondentwithout delay and has also filed Ext. P3 stay application in Ext. P2appeal seeking stay of the enforcement of the impugned Ext. P1order. 4.Taking note of the facts and circumstances of this case,it is ordered in the interest of justice that the 2[nd] respondentAppellate authority will take up for consideration the plea madeby the petitioner, as per Ext p3 stay application and afteraffording reasonable opportunity of being heard to the petitionerthrough authorized representative/counsel if any, will passconsidered orders thereon without much delay, preferably withina period of 2 months from the date of production of a certifiedcopy of this judgment. Until orders are passed by the 2[nd]respondent on Ext.P3 stay application, further steps forenforcement of impugned Ext.P1 order shall be kept in abeyanceby the respondents concerned. With these observations and directions, the above WritPetition (Civil) stands finally disposed of. (Sd/-) ALEXANDER THOMAS JUDGE LU APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18. EXHIBIT P2COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2017-18.EXHIBIT P3COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2017-18. // True Copy // PA To Judge