Wp(C)/2742/2011 Of N.s.john v. The Income Tax Officer, Ward-2

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 2742 of 2011(P) -------------------------------------- PETITIONER(S): ----------------------- N.S.JOHN, NEDIYAMANNIL HOUSE, VALLIKODE-KOTTAYAM, PATHANAMTHITTA-689656. BY ADV. SRI.K.M.V.PANDALAI SMT.S.HEMALATHA RESPONDENT(S): -------------------------- 1. THE INCOME TAX OFFICER, WARD-2. THIRUVALLA. 2. THE COMMISSIONER OF INCOME TAX OFFICER, (APPEALS),AAYAKAR BHAVAN, KAWDIAR,TRIVANDRUM. R1 & R2 BY ADV.SRI.JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 2742 of 2011 --------------------------------- JUDGMENT Against Ext.P1 order of assessment, the petitioner hadfiled appeal before the 2[nd] respondent, as evidenced from Ext.P2.Along with the appeal the petitioner had filed stay petition asevidenced from Ext.P3. It is submitted that the appeal as wellas the stay petition are pending consideration and disposalbefore the 2[nd] respondent. Grievance of the petitioner is that,without considering pendency of the appeal, recovery steps hasnow been initiated, on the basis of Ext.P4 notice issued. 2. Heard, learned Government Pleader appearing on behalfof the respondents. Considering pendency of the statutoryappeal, I am of the opinion that the writ petition can be disposedof directing the appellate authority to expedite the matter. 3. Accordingly, the writ petition is disposed of directing the 2[nd] respondent to consider and pass orders on Ext.P3 staypetition, if the appeal is registered and the same is in order,after affording an opportunity of hearing to the petitioner, as WP(C) .2742/2011 2 early as possible, at any rate within a period of one month fromthe date of receipt of a copy of this judgment . 4. Till such time orders are passed by the 2[nd] respondent asdirected above, recovery of amounts covered under Ext.P1, whichis now initiated on the basis of Ext.P4 notice, shall be kept inabeyance. 5. The petitioner will produce a copy of this judgmentbefore the 2[nd] respondent. 6. Needless to say that the 2[nd] respondent will takeearnest steps for disposal of the appeal at the earliest possible. pmn/ C.K.ABDUL REHIM,JUDGE WP(C) .2742/2011 3