Wp/12181/2016 Of T.nallathambi v. The Income Tax Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31.03.2016 CORAM THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.12181 of 2016 and W.M.P.No.10525 of 2016 T.Nallathambi ... PetitionerVs. 1. The Income Tax Officer, Non Corporate Ward 19(1), 121, Mahatma Gandhi Road, Nungambakkam, Chennai – 600 034.2. The Commissioner of Income Tax (Appeals)-12, 121, Mahatma Gandhi Road, Nungambakkam, Chennai – 600 034.... Respondents Petition filed under Article 226 of The Constitution ofIndia praying to issue a writ of mandamus to direct the 2[nd]respondent to dispose of the appeal preferred by the petitionerbefore him within a specified time frame. For Petitioner : Mr.N.V.BalajiFor Respondents: Mr.P.Raj Kumar Jabhack, for Mr.T.Pramod Kumar Chopda, Standing Counsel O R D E R The petitioner has filed the above Writ Petition to issue awrit of mandamus to direct the 2[nd] respondent to dispose of theappeal preferred by the petitioner within a specified time frame. 2.Mr.N.V.Balaji, learned counsel appearing for thepetitioner submitted that the petitioner preferred an appealbefore the 2[nd] respondent and also filed a stay petition on15.03.2016 before the 1[st] respondent. However, the 1[st] respondenthas not passed any orders till date. Further, the learnedcounsel submitted that the petitioner is a salaried employee ofIntegral Coach Factory, Chennai, therefore, his only source of https://hcservices.ecourts.gov.in/hcservices/ income is the salary received from the employer. The learnedcounsel further submitted that the 2[nd] respondent may be directedto dispose of the appeal preferred by the petitioner and the 1[st]respondent may be directed to decide the stay petition within atime frame. 3.Mr.P.Raj Kumar Jabhack for Mr.T.Pramod Kumar Chopda,learned counsel taking notice for the respondents submitted thatthe 2[nd] respondent may be directed to dispose of the appeal andthe 1[st] respondent may be directed to dispose of the staypetition within a time frame in accordance with law. 4.Having regard to the submissions made by the learnedcounsel on either side, taking into consideration the limitedprayer sought for in the Writ Petition, without expressing anyopinion with regard to the merits of the case, I direct the 2[nd]respondent to dispose of the appeal preferred by the petitioner,on merits and in accordance with law, within a period of fourmonths from the date of receipt of a copy of this order. I alsodirect the 1[st] respondent to dispose of the stay petition filedby the petitioner, on merits and in accordance with law, withinten days from the date of receipt of a copy of this order. 5.With these observations, the Writ Petition is disposed of.No costs. Consequently, the connected miscellaneous petition isclosed. va -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To 1. The Income Tax Officer, Non Corporate Ward 19(1), 121, Mahatma Gandhi Road, Nungambakkam, Chennai – 600 034. 2. The Commissioner of Income Tax (Appeals)-12, 121, Mahatma Gandhi Road, Nungambakkam, Chennai – 600 034. + 1 cc to M/s.N.V.Balaji, Advocate, SR 20263+ 1 cc to M/s.T.Pramod Kumar Chopda, Advocate, SR 20067sns(co)prk31/3 W.P.No.12181 of 2016 andW.M.P.No.10525 of 2016