Wp(C)/9965/2022 Of G.pradeep Kumar v. The Principal Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 5 DAY OF APRIL 2022 / 15TH CHAITHRA, 1944 WP(C) NO. 9965 OF 2022 PETITIONER: G.PRADEEP KUMARAGED 57 YEARSS/O LATE K V GOPALAN ACHARI, VIJAYAPURATH HOUSE, KAVUMBHAGOM P O, THIRUVALLA, PIN-689102.BY ADVS.SADCHITH.P.KURUPC.P.ANIL RAJ RESPONDENTS: 1THE PRINCIPAL COMMISSIONER OF INCOME TAXOFFICE OF THE PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL REVENUE BUILDING, IS PRESS ROAD, KOCHI-682018.2THE STATE BANK OF INDIA,THIRUVALLA MAIN BRANCH, M C ROAD, THIRUVALLA, PATHANAMTHITTA-689101. REPRESENTED BY ITS BRANCH MANAGER. OTHER PRESENT: SRI JOSE JOSEPH - SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BECHU KURIAN THOMAS, J. ----------------------------------------- W.P.(C) No. 9965 of 2022 ---------------------------------------- Dated this the 5[th] day of April, 2022 JUDGMENT Petitioner challenges Ext.P10 and Ext.P11 notices issued to the petitioner dated 17/3/2022, granting 5 daystime to appear and complete the revisional proceedingspending before the 1[st] respondent. On the date ofadmission, this Court had stayed all further proceedingspursuant to Ext.P10 and Ext.P11 and directed the learnedStanding Counsel to get an instruction. 2. Sri.Jose Joseph, the learned Standing Counsel upon instructions submitted that, the petitioner was givensufficient time as mentioned in Ext.P10 and that instead ofco-operating with the proceedings, they thought it fit tomove this Court on the eve of the date fixed forappearance. It was also submitted that the petitioner can 3 participate in the proceedings and get an adjudication ascontemplated under law. 3. Having regard to the circumstances of this case, I am of the view that, this writ petition can be disposed ofdirecting the petitioner to prefer their response to Ext.P10notice on or before 22/4/2022 and thereafter, the 1[st]respondent shall consider the response and complete theadjudication as expeditiously as possible, at any rate, withina period of one month thereafter, after granting anopportunity of hearing to the petitioner The writ petition is disposed of. Sd/- AJM6/4/22 BECHU KURIAN THOMASJUDGE WP(C) NO. 9965 OF 2022 APPENDIX OF WP(C) 9965/2022 PETITIONER’S EXHIBITS: Exhibit P1 COPY OF THE JUDGMENT DATED 13.12.2019 PASSED BY THIS HONOURABLE COURT IN CON.CASE NO.1848/2019 IN WPC NO.4561/2019.PASSED BY THIS HONOURABLE COURT IN CON.CASE NO.1848/2019 IN WPC NO.4561/2019. Exhibit P2COPY OF LETTER DATED 19.01.2022 ISSUED BY 2ND RESPONDENT TO PETITIONER.BY 2ND RESPONDENT TO PETITIONER. Exhibit P3 COPY OF LETTER DATED 19.02.2022 GIVEN BYPETITIONER TO 2ND RESPONDENT BANK.PETITIONER TO 2ND RESPONDENT BANK. Exhibit P4COPY OF NOTICE DATED 21.02.2022 ISSUED BY 1ST RESPONDENT TO THE PETITIONER.BY 1ST RESPONDENT TO THE PETITIONER. Exhibit P5COPY OF NOTICE DATED 22.02.2022 ISSUED BY 1ST RESPONDENT TO THE PETITIONER.BY 1ST RESPONDENT TO THE PETITIONER. Exhibit P6 Exhibit P7 COPY OF LETTER DATED 3.3.2022 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT.COPY OF LETTER DATED 5.3.2022 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT.THE PETITIONER TO THE 1ST RESPONDENT.COPY OF LETTER DATED 5.3.2022 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT. Exhibit P8COPY OF REPLY DATED 7.3.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.THE 2ND RESPONDENT TO THE PETITIONER.Exhibit P9COPY OF INTERIM ORDER DATED 9.3.2022 PASSED BY THIS HONOURABLE COURT IN WPC 7826/2022.PASSED BY THIS HONOURABLE COURT IN WPC 7826/2022. Exhibit P10COPY OF NOTICE DATED 17.03.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.BY THE 1ST RESPONDENT TO THE PETITIONER.Exhibit P11COPY OF COMPUTER GENERATED SLIP DATED 17.3.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.17.3.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. Exhibit P8COPY OF REPLY DATED 7.3.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.THE 2ND RESPONDENT TO THE PETITIONER.Exhibit P9COPY OF INTERIM ORDER DATED 9.3.2022 PASSED BY THIS HONOURABLE COURT IN WPC 7826/2022.PASSED BY THIS HONOURABLE COURT IN WPC 7826/2022. Exhibit P10COPY OF NOTICE DATED 17.03.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.BY THE 1ST RESPONDENT TO THE PETITIONER.Exhibit P11COPY OF COMPUTER GENERATED SLIP DATED 17.3.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.17.3.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. AJM //TRUE COPY// PA TO JUDGE