Op/28518/2001 Of P.b.sivadasan v. The Income Tax Officer, Ward-2

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 OP.No. 28518 of 2001(T) ----------------------- PETITIONER(S): --------------- P.B. SIVADASAN, S/O. BALABHADRAN, AGED 40 YEARS, PANICKASSERIL, BEACH WARD, ALAPPUZHA-12. BY ADV. SRI.C.KOCHUNNY NAIR SRI.DALE P.KURIEN RESPONDENT(S): --------------- 1.THE INCOME TAX OFFICER, WARD 2, ALAPPUZHA. 2.THE COMMISSIONER OF INCOMETAX, AYAKAR BHAVAN, KAWDIAR,THIRUVANANTHAPURAM.THIRUVANANTHAPURAM. 3.THE COMMISSIONER OF INCOME TAX (APPEALS), ERNAKULAM. 4.THE CENTRAL BOARD OF DIRECT TAXES,NEW DELHI,REP. BY ITS SECRETARY.REP. BY ITS SECRETARY. ADV. SRI.P.K.R.MENON(SR.),SC FOR IT SRI.GEORGE K. GEORGE, SC FOR IT THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=O.P. No. 28518 of 2001 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= J U D G M E N T This original petition was posted for hearing in the weekly listcommencing on 20-10-2008 On 21-10-2008, counsel for thepetitioner, by a note given to the Court Officer, stated thus: “This has reference to item No. 863 (O.P. 28518/01) in thesupplementary list for hearing for the week starting 21-10-2008and ending 24-10-2008 and is to inform that the entire file hasbeen handed back to Shri. P.B. Sivadas, the petitioner therein. Acopy of the receipt memo issued to me by his agent is attachedherewith. I found it difficult to manage the said client after Shri.Kochunni Nair has left our office for a retired life. He felt troublesome to me. The matter relates to his Income Tax Assessment. Since, I understand that my name still appears in the cause list, Ifeel it more proper to inform the party. I am sending him a letterthrough courier service. Therefore, an adjournment may begiven.” The original petition was taken up for hearing on 11-11-2008.Although the procedure adopted by the counsel was not at all propertaking note of the facts stated by the counsel, I directed that theoriginal petition be posted in the week commencing from 24-11-2008.The same was taken up today. Today,neither counsel nor thepetitioner is present. Therefore, the original petition is dismissed fordefault. Tds/ Sd/- S. Siri Jagan, Judge. [True copy] P.S to Judge.