Wp(C)/25413/2010 Of Swapna Santhosh v. Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 25413 of 2010(B) ---------------------------------- PETITIONER(S): ------------------- SWAPNA SANTHOSH, 4B, ROYAL STADIUM MANSION,GANDHI NAGAR, KADAVANTHARA, KOCHI - 25. BY ADV. SMT.SANGEETHA LAKSHMANA RESPONDENT(S): -------------------- 1.DEPUTY COMMISSIONER OF INCOME TAX, CENTAL CIRCLE 1, ERNAKULAM. 2.ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1, ERNAKULAM. 3.THE FEDERAL BANK LIMITED, MG ROAD BRANCH, MAHARAJA'S COLLEGE GROUND, ERNAKULAM, REPRESENTEDBY ITS MANAGER. R1 & R2 BY ADV.SRI.JOSE JOSEPH, SC, FOR INCOME TAX R3 BY ADVS. SRI.A.ANTONY SMT.LEELAMMA ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.25413 of 2010 ------------------------------- Dated this the 23[rd] day of May, 2011. J U D G M E N T It is noticed that, inspite of several chances given, thepetitioner has not complied with the conditions stipulated.I.A.No.6896 of 2011 is filed seeking permission to withdrawthe writ petition. 2. Learned counsel appearing for the respondent Bank submits that the impugned proceedings were pursuedand the residential apartment, which is the secured assets,has already been taken over possession and sold in publicauction. Since there is continued violation of the interimorder and indefinite prolonging of the proceedings in thewrit petition, learned counsel pressed for orderingcompensatory cost. 3. However, since the impugned proceedings went on and the respondent Bank had conducted sale of the W.P.(C).No.25413 of 2010 property, I am not inclined to order any cost at the time ofpermitting withdrawal. 4. Accordingly, this writ petition is dismissed aswithdrawn. ami/ C.K.ABDUL REHIM, Judge