THE KANJIKODE SERVICE CO-OPERATIVE BANK LTD.NO.F1199 vs. THE INCOME TAX OFFICER,

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 30TH DAY OF JANUARY 2020 / 10TH MAGHA, 1941 WP(C).No.2538 OF 2020(N) PETITIONER: THE KANJIKODE SERVICE CO-OPERATIVE BANK LTD.NO.F1199 KANJIKODE P.O, KANJIKODE, PALAKKAD 678 621 REPRESENTED BY ITS SECRETARY, GURU RAJALINGAM BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD 1 AND TPS, AYAKAR BHAVAN, PALAKKAD 678 014 2 THE COMMISSIONER OF INCOME TAX (APPEALS) SAKTHAN NAGAR, THRISSUR 680 021 SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.2538 OF 2020(N) 2 ALEXANDER THOMAS, J. =========================== W.P(C) No.2538 of 2020 =========================== Dated this the 30th day of January, 2020 JUDGMENT Against Ext.P1 order, the petitioner has filed Ext.P2 appeal and Ext.P3 stay petition. The petitioner's grievance is that during the pendency of the stay petition, revenue recovery proceedings have been initiated for enforcement of the impugned Ext.P1 order by the assessing authority for recovery of the disputed amounts. 2. Heard Sri.Harisankar V. Menon, learned counsel appearing for the petitioner and Sri.Jose Joseph, learned standing counsel appearing for the respondents. 3. After hearing both sides and after taking note of the facts and circumstances of the case, it is ordered in the interest of justice that the 2 nd respondent shall take up the matters in Ext.P3 stay application filed in Ext.P2 appeal and after affording reasonable opportunity of being heard to the petitioner through their authorised representative/counsel, if any, shall pass orders on that application without much delay, preferably within a

WP(C).No.2538 OF 2020(N) 3 period of two months from the date of production of a certified copy of this judgment. Until orders are thus passed on the abovesaid Ext.P3 stay application, further coercive steps for enforcement of the impugned Ext.P1 order will be kept in abeyance. With these observations and directions, the above Writ Petition (Civil) stands finally disposed of. Sd/- ALEXANDER THOMAS JUDGE vgd

WP(C).No.2538 OF 2020(N) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18 EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 2017-18 EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.