IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9724 of 2009(I) ----------------------------------- PETITIONER(S): ---------------------- M/S.SREENILAYAM TRANSPORTS, ATTINKUZHY, KAZHAKUTTAM (PO), THIRUVANANTHAPURAM, REPRESENTED BY THE MANAGING PARTNER, V.SATHYASEELAN. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S): ------------------------- 1. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE I, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE I (2), THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF INCOME TAX (APPEALS) THIRUVANANTHAPURAM. BY STANDING COUNSEL SRI.JOSE JOSEPH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.9724 of 2009-I ---------------------------------------------- Dated, this the 26th day of March, 2009 J U D G M E N T Petitioner preferred appeal against Ext.P1. It is stated that the appeal was heard on 21.1.2009 and that thereafter the appeal was not posted. Now, the petitioner is served with Ext.P4 notice. Petitioner submitted Ext.P5 reply. 2. I heard learned counsel for the petitioner and Sri.Jose Joseph, learned standing counsel for the respondents. Learned standing counsel points out that petitioner has not moved for stay. Though there is a hearing of appeal on 21.1.2009 it is not clear whether the appeal is finally heard. It is stated that, after 21.1.2009 the case is not posted. It is for the petitioner to approach the appellate forum by filing appropriate petitions and seek appropriate reliefs. In order to enable the petitioner to do so it is ordered that recovery pursuant to Exts.P6 and P7 will be kept in abeyance for a period of two weeks from today. (K.M.JOSEPH) JUDGE. MS