Harisankar v. Menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 2 DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944 WP(C) NO. 28683 OF 2022 PETITIONER: JUDGMENT Dated this the 02[nd] day of September, 2022 The petitioner has filed an appeal against Ext.P1order of assessment before the first appellateauthority namely, the 2[nd] respondent. The petitionerhas also filed an application for stay along with anapplication to condone the delay in filing theapplication. Pending consideration of the applicationfor condonation of delay and consideration of theapplication for stay, recovery proceedings have beeninitiated to recover the amounts due under Ext.P1order. Hence, this writ petition. 2.Heard the learned Standing Counsel also. 3.Having regard to the submission made bythe learned Counsel for the petitioner and the learnedStanding Counsel appearing for the respondent, thewrit petition is disposed of directing the 2[nd]respondent to consider and pass orders on Ext.P3application for condonation of delay and Ext.P4 stay WPC NO.28683 of 2022 application with notice to the petitioner within aperiod of two months from the date of receipt of acertified copy of this judgment. Till such time orders are passed on the applications as above, further proceedings forrecovery of any amounts due under Ext.P1 order shallbe kept in abeyance. It is made clear that the 2[nd]respondent needs to consider the stay applicationonly if he finds sufficient reason to condone the delayin filing the appeal. Sd/- GOPINATH P. JUDGE APPENDIX OF WP(C) 28683/2022 PETITIONER'S EXHIBITS:EXHIBIT P1 EXHIBIT P1COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18 DTD. 20-12-2019EXHIBIT P2COPY OF APPEAL FILED BY THE PETITIOENR BEFORE THE 2ND RESPONDENT DTD. 20-12-2021 EXHIBIT P3COPY OF DELAY PETITION FILED BY THE PETITIOENR BEFORE THE 2ND RESPONDENT DTD. 26-12-2021EXHIBIT P4COPY OF STAY PETITION FILED BY THE PETITIOENR BEFORE THE 2ND RESPONDENT DTD. 20-12-2021 RESPONDENTS' EXHIBITS: NIL TRUE COPYP.A.TO JUDGE