Wa v. The Income Tax Officer, Cib

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WA.No. 820 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.9928/2009 .................... APPELLANT/PETITIONER ------------------------ THE PINARAYI SERVICE CO-OPERATIVE BANK LTD., PINARAYI, KANNUR DISTRICT. REP. BY ITS SECRETARY SRI. P.K.RAGHUNATHAN, S/O. SANKARAN, AGED 57 YEARS, RESIDING AT "GANAM", PANTHALAYANI AMSOM DESOM, P.O. QUILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENTS/RESPONDENTS: --------------- 1. THE INCOME TAX OFFICER, (CIB), OFFICE OF ASSISTANT DIRECTOR OF INCOME TAX, (INV), KOZHIKODE. 2. THE ASSISTANT DIRECTOR OF INCOME TAX, (INV), KOZHIKODE. 3. THE COMMISSIONER OF INCOJME TAX(CIB) COCHIN, ERNAKULAM. 4. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE NEW DELHI. BY ADV. SRI.JOSE JOSEPH, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.820 of 2010 .................................................................... Dated this the 31st day of May, 2010. JUDGMENT Ramachandran Nair, J. The issue raised in the appeal is covered by Division Bench judgment of this court in W.A. No.1854/2009. However, counsel forthe appellant submitted that Division Bench judgment of this court isstayed by the Supreme Court. We, therefore, feel this Writ Appeal canbe disposed of directing the respondents not to press for theinformation sought for from the appellant until disposal of SLPpending before the Supreme Court and thereafter to follow thedirection issued by the Supreme Court. Writ Appeal is accordinglydisposed of with direction to the respondents to follow the judgment ofthe Supreme Court in the SLP filed against the abovereferred DivisionBench judgment and until then, not to enforce the notice issued againstthe appellant or issue any notice against the appellant in the same matter. However, respondents are free to proceed to take all stepsbased on judgment of the Supreme Court in the pending matter. C.N.RAMACHANDRAN NAIRJudge P.S.GOPINATHANJudge pms