Wp(C)/4082/2009 Of P.k.sudheer v. The Asst. Commissioner Of Income Tax Cir

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 4082 of 2009(J) ------------------------- PETITIONER(S): --------------- P.K.SUDHEER,PARK HOME, P.B.NO.8, MANNARKAD, PALAKKAD DISTRICT. BY ADV. MR.K.SRIKUMAR MR.K.MANOJ CHANDRAN RESPONDENT(S): --------------- 1. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1,PALAKKAD. 2. THE TAX RECOVERY OFFICER,OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX,PALAKKAD RANGE, AAYAKAR BHAVAN, ENGLISH CHURCH ROAD, PALAKKAD-14. 3. THE SETTLEMENT COMMISSION(I.T.&W.T.), ADDITIONAL BENCH, NO.488/489 ANNA SALAI, NANDANAM, CHENNAI. BY MR.JOSE JOSEPH, SC, IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 4082 OF 2009 J -------------------------------------- Dated this the 9[th] February, 2009 JUDGMENT Petitioner has filed Rectification Application before theSettlement Commission as per Ext.P6. In the meantime,petitioner seeks to restrain further recovery proceedingspursuant to Ext.P5 arrear notice. 2. I heard the learned counsel for the petitioner and thelearned standing counsel. Learned standing counsel wouldsubmit that as per the records, no recovery steps are taken. It issubmitted by the learned counsel for the petitioner that theRectification Application was already heard on 30.01.2009 andorders are awaited. In such circumstances, the Writ Petition isdisposed of with liberty to the petitioner to seek redressal,should the respondents seek to recover the amounts due as perExt.P5 pending consideration of the Application forRectification. Sd/= kbk. K. M. JOSEPH, JUDGE // True Copy // PS to Judge