IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 2742 of 2011(P) -------------------------------------- PETITIONER(S): ----------------------- N.S.JOHN, NEDIYAMANNIL HOUSE, VALLIKODE-KOTTAYAM, PATHANAMTHITTA-689656. BY ADV. SRI.K.M.V.PANDALAI SMT.S.HEMALATHA RESPONDENT(S): -------------------------- 1. THE INCOME TAX OFFICER, WARD-2. THIRUVALLA. 2. THE COMMISSIONER OF INCOME TAX OFFICER, (APPEALS),AAYAKAR BHAVAN, KAWDIAR,TRIVANDRUM. R1 & R2 BY ADV.SRI.JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 2742 of 2011 --------------------------------- Dated this the 27th day of January, 2011 JUDGMENT Against Ext.P1 order of assessment, the petitioner had filed appeal before the 2nd respondent, as evidenced from Ext.P2. Along with the appeal the petitioner had filed stay petition as evidenced from Ext.P3. It is submitted that the appeal as well as the stay petition are pending consideration and disposal before the 2nd respondent. Grievance of the petitioner is that, without considering pendency of the appeal, recovery steps has now been initiated, on the basis of Ext.P4 notice issued. 2. Heard, learned Government Pleader appearing on behalf of the respondents. Considering pendency of the statutory appeal, I am of the opinion that the writ petition can be disposed of directing the appellate authority to expedite the matter. 3. Accordingly, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P3 stay petition, if the appeal is registered and the same is in order, after affording an opportunity of hearing to the petitioner, as WP(C) .2742/2011 2 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, which is now initiated on the basis of Ext.P4 notice, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. 6. Needless to say that the 2nd respondent will take earnest steps for disposal of the appeal at the earliest possible. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .2742/2011 3