Wp(C)/5523/2014 Of P.moideen v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 25TH DAY OF FEBRUARY 2014/6TH PHALGUNA, 1935 WP(C).No. 5523 of 2014 (M) --------------------------------------- PETITIONER: ------------------- SHRI.P.MODEEN, PARETH HOUSE, PAMBURTHI, P.O. NARATH, KANNUR-670 601. BY ADVS.SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN SMT.DIVYA RAVINDRAN RESPONDENTS: ------------------------ 1. THE INCOME TAX OFFICER, WARD-1, KANNUR-670 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), AYYAKKAR BHAVAN, NORTH BLOCK, KOZHIKODE-673 001. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX Msd. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5523 of 2014 (M) -------------------------------------- APPENDIX---------------- //TRUE COPY// P.A.TO JUDGE. Msd. P.R. RAMACHANDRA MENON, J. --------------------------------------- W.P.C. No.5523 OF 2014 --------------------------------------- Dated this the 25[th] day of February, 2014. JUDGMENT Being aggrieved of Ext. P1 assessment order passed by the first respondent in respect of the assessment year 2010-2011,the petitioner has already preferred Ext.P2 appeal along withExt.P2(a) petition for stay, which are pending considerationbefore the second respondent. 2. Even though the petitioner had approached the 1[st]respondent by filing Ext.P3 petition for stay, the petitioner wasnot granted the relief as sought for, but for directing thepetitioner as per Ext.P4 communication to satisfy the liability inthe manner specified therein. 3. The learned Senior Counsel Sri. T.M. Sreedharan, appearing for the petitioner submits that, no orders have beenpassed by the Appellate Authority on Exts.P2 and P2(a) andhence the writ petition. 4. Heard the learned Government Pleader as well. W.P.C.No.5523 of 2014 3. Considering the facts and circumstances, the second respondent is directed to pass appropriate orders on Ext.P2(a)petition for stay, in accordance with law, as expeditiously aspossible, at any rate, within 'one month' from the date of receiptof a copy of this judgment. Coercive proceedings pursuant to Ext.P4 shall be kept in abeyance till such time. Petitioner shall produce a copy of this judgment, along withcopy of the writ petition, before the second respondent, forfurther steps. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE sp