IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 10651 of 2011(F) -------------------------- PETITIONER(S): --------------- MARIA RODRIGUES, COASTLINE HOLIDAYS, OPP: KAIRALI APARTEMENTS, PANAMPILLY NAGAR, KOCHI-682036. BY ADV. SRI.V.ABRAHAM MARKOS SRI.MATHEWS K.UTHUPPACHAN SRI.BINU MATHEW SRI.TERRY V.JAMES SRI.B.J.JOHN PRAKASH SRI.TOM THOMAS (KAKKUZHIYIL) RESPONDENT(S): --------------- 1. INCOME TAX OFFICER, WARD 2(3), RANGE II, KOCHI-682018. 2. COMMISSIONER OF INCOME TAX (APPEALS), SAN JUAN TOWERS, KOCHI-682018. BY SRI.JOSE JOSEPH - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.10651 of 2011-F ---------------------------------------- Dated this the 4th day of April, 2011. J U D G M E N T Assessment under the Income Tax Act was completed against the petitioner with respect to the assessment year 2008-09, as per Ext.P1. Ext.P3 is the statutory appeal filed against the assessment before the 2nd respondent. The petitioner had also filed Ext.P4 stay petition before the 2nd respondent. When demand was raised under Ext.P2 the petitioner had approached the 1st respondent through Ext.P5. The petitioner was permitted to remit the amount in six equal monthly instalments, starting from 20.3.2011 onwards. 2. According to the petitioner the statutory appeal and the accompanying stay petition are pending consideration and disposal before the 2nd respondent. Hence the petitioner seeks direction for an early disposal of the appeal and till then to stay the recovery steps for realisation of amounts covered under Exts.P1 and P2. W.P(C) No.10651 of 2011-F 2 3. Considering pendency of the matter before the statutory authority, I am of the view that the writ petition can be disposed of directing that authority to take effective steps for an early disposal of the matter. 4. Accordingly, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P4 stay petition filed along with the appeal, provided the appeal is registered before the 2nd respondent. Orders on Ext.P4 shall be issued after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. 5. Till such time orders are passed by the 2nd respondent as directed above, realisation of amounts covered under Exts.P1 and P2 shall be kept in abeyance. 6. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM JUDGE ab