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. 10672 of 2011(H) -------------------------- PETITIONER(S): --------------- WILLIAM RODRIGUES, SYMPHONY, OPP.KAIRALI APARTMENTS, PANAMPILLY NAGAR, KOCHI-682 036. 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 (1), RANGE II, KOCHI-682 018. 2. COMMISSIONER OF INCOME TAX (APPEALS) SAN JUAN TOWERS, KOCHI-682 018. 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.10672 of 2011-H ---------------------------------------- Dated this the 4th day of April, 2011. J U D G M E N T Aggrieved by Ext.P1 order of assessment completed with respect to the year 2008-09, the petitioner had preferred Ext.P2 appeal along with Ext.P3 stay petition before the 2nd respondent. According to the petitioner the appeal as well as the stay petition are pending consideration and disposal before the appellate authority and in the meanwhile the petitioner is apprehending the coercive steps of recovery for realising amounts covered under Ext.P1, on the basis of the demand raised. Hence the petitioner is seeking direction for an early disposal of the appeal and till then to stay the recovery steps. 2. Since the appellate authority is in seizin of the matter, I am of the view that interest of justice will be served if a direction is issued to that authority to have an expeditious disposal of the matter. 3. Accordingly, the writ petition is disposed of W.P(C) No.10672 of 2011-H 2 directing the 2nd respondent to consider and pass orders on Ext.P3 stay petition, 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. 4. Till such time orders are passed by the 2nd respondent as directed above, recovery of amounts covered under Ext.P1 shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM JUDGE ab