G.Pradeep Kumar vs The Principal Commissioner Of ...
2022 Latest Caselaw 3977 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                        WP(C) NO. 9965 OF 2022
PETITIONER:

          G.PRADEEP KUMAR
          AGED 57 YEARS
          S/O LATE K V GOPALAN ACHARI, VIJAYAPURATH HOUSE,
          KAVUMBHAGOM P O, THIRUVALLA, PIN-689102.
          BY ADVS.
          SADCHITH.P.KURUP
          C.P.ANIL RAJ


RESPONDENTS:

    1     THE PRINCIPAL COMMISSIONER OF INCOME TAX
          OFFICE OF THE PRINCIPAL COMMISSIONER OF INCOME TAX,
          CENTRAL REVENUE BUILDING, IS PRESS ROAD, KOCHI-682018.
    2     THE STATE BANK OF INDIA,
          THIRUVALLA MAIN BRANCH, M C ROAD, THIRUVALLA,
          PATHANAMTHITTA-689101. REPRESENTED BY ITS BRANCH
          MANAGER.
OTHER PRESENT:

          SRI JOSE JOSEPH - SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9965 OF 2022
                               2

               BECHU KURIAN THOMAS, J.
           -----------------------------------------
                W.P.(C) No. 9965 of 2022
           ----------------------------------------
           Dated this the 5th day of April, 2022


                           JUDGMENT

Petitioner challenges Ext.P10 and Ext.P11 notices

issued to the petitioner dated 17/3/2022, granting 5 days

time to appear and complete the revisional proceedings

pending before the 1st respondent. On the date of

admission, this Court had stayed all further proceedings

pursuant to Ext.P10 and Ext.P11 and directed the learned

Standing Counsel to get an instruction.

2. Sri.Jose Joseph, the learned Standing Counsel upon

instructions submitted that, the petitioner was given

sufficient time as mentioned in Ext.P10 and that instead of

co-operating with the proceedings, they thought it fit to

move this Court on the eve of the date fixed for

appearance. It was also submitted that the petitioner can WP(C) NO. 9965 OF 2022

participate in the proceedings and get an adjudication as

contemplated under law.

3. Having regard to the circumstances of this case, I

am of the view that, this writ petition can be disposed of

directing the petitioner to prefer their response to Ext.P10

notice on or before 22/4/2022 and thereafter, the 1 st

respondent shall consider the response and complete the

adjudication as expeditiously as possible, at any rate, within

a period of one month thereafter, after granting an

opportunity of hearing to the petitioner

The writ petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM 6/4/22 WP(C) NO. 9965 OF 2022

APPENDIX OF WP(C) 9965/2022

PETITIONER'S EXHIBITS:

Exhibit P1 COPY OF THE JUDGMENT DATED 13.12.2019 PASSED BY THIS HONOURABLE COURT IN CON.CASE NO.1848/2019 IN WPC NO.4561/2019.

Exhibit P2 COPY OF LETTER DATED 19.01.2022 ISSUED BY 2ND RESPONDENT TO PETITIONER.

Exhibit P3 COPY OF LETTER DATED 19.02.2022 GIVEN BY PETITIONER TO 2ND RESPONDENT BANK.

Exhibit P4 COPY OF NOTICE DATED 21.02.2022 ISSUED BY 1ST RESPONDENT TO THE PETITIONER.

Exhibit P5 COPY OF NOTICE DATED 22.02.2022 ISSUED BY 1ST RESPONDENT TO THE PETITIONER.

Exhibit P6 COPY OF LETTER DATED 3.3.2022 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P7 COPY OF LETTER DATED 5.3.2022 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P8 COPY OF REPLY DATED 7.3.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P9 COPY OF INTERIM ORDER DATED 9.3.2022 PASSED BY THIS HONOURABLE COURT IN WPC 7826/2022.

Exhibit P10 COPY OF NOTICE DATED 17.03.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

Exhibit P11 COPY OF COMPUTER GENERATED SLIP DATED 17.3.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

AJM                //TRUE COPY//              PA TO JUDGE