Wp(C)/4785/2011 Of Smt.santhadharan v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 4785 of 2011(W) -------------------------------------- PETITIONER: ------------------- SMT.SANTHADHARAN, W/O.R.VIDYADHARAN, "VIDHYA",CHAYAKUDI LANE,PETTAH, PALLIMUKKU, TRIVANDRUM. BY ADVS. SRI.T.M.SREEDHARAN, SMT.C.K. SHERIN, SRI.V.P. NARAYANAN. RESPONDENTS: ------------------------ 1. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -2,TRIVANDRAUM. 2. THE DEPUTY COMMISSIONER OF INCOME TAX (APPEALS)III, KERA BHAVAN, SRV HIGH SCHOOL ROAD, ERNAKULAM, KOCHI-11 3. THE MANAGER, STATE BANK OF TRAVANCORE, PETTAH BRANCH, TRIVANDRUM. R1 & R2 BY SRI. JOSE JOSEPH, S.C,R3 BY SRI. R.S. KALKURA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 4785 of 2011 --------------------------------- Dated this the 16th day of February, 2011 JUDGMENT Against Ext.P1 order of assessment, the petitioner had filed appeal before the 2[nd] respondent, as evidenced from Ext.P2.Along with the appeal the petitioner had filed stay petition asevidenced from Ext.P2(a). It is submitted that the appeal aswell as the stay petition are pending consideration and disposalbefore the 2[nd] respondent. Grievance of the petitioner is that,without considering pendency of the appeal, coercive steps ofrecovery has now been initiated on the basis of Ext.P3 notice. 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 the2[nd] respondent to consider and pass orders on Ext.P2(a) staypetition filed along with the appeal, after affording an opportunityof hearing to the petitioner, as early as possible, at any rate WP(C).4785/2011 2 within a period of one month from the date of receipt of a copy ofthis judgment . 4. Till such time orders are passed by the 2[nd] respondent asdirected above, recovery of the amounts covered under Ext.P1,which is now initiated on the basis of Ext.P3 notice, shall be keptin abeyance. 5. The petitioner will produce a copy of this judgmentbefore the 2[nd] respondent. 6. Needless to say that the 2[nd] respondent will take allearnest steps for disposal of the appeal at the earliest possible. pmn/ C.K.ABDUL REHIM,JUDGE WP(C).4785/2011 3