The Chief Commissioner Of Income Tax ... vs Malini
2023 Latest Caselaw 12517 Ker

Kerala High Court

The Chief Commissioner Of Income Tax ... vs Malini on 22 November, 2023

Author: Kauser Edappagath

Bench: A.K.Jayasankaran Nambiar, Kauser Edappagath

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                     &
                THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
       Wednesday, the 22nd day of November 2023 / 1st Agrahayana, 1945
                             WA NO. 1939 OF 2023
 (ARISING FROM JUDGMENT DATED 12.09.2023 IN WP(C) 5040/2023 OF THIS COURT)
APPELLANT(S)1ST RESPONDENT:

     THE CHIEF COMMISSIONER OF INCOME TAX (TDS),
     *(CORRECTED) THE COMMISSIONER OF INCOME TAX(TDS)C.R.BUILDING,
     I.S.PRESS ROAD,KOCHI, PIN - 682018.

BY.ADV.SRI. CHRISTOPHER ABRAHAM

RESPONDENT(S)/PETITIONERS & RESPONDENTS:

  1. MALINI, AGED 47 YEARS, CHARAMAYIL HOUSE, KOTHAMANGALAM
     VILLAGE,KUTHUKUZHY BHAGOM,KOTHAMANGALAM TALUK,ERANAKULAM DISTRICT,
     PIN-686691.
  2. ABHINAND, AGED 18 YEARS, CHARAMAYIL HOUSE,KOTHAMANGALAM VILLAGE
     BKUTHUKUZHY BHAGOM,KOTHAMANGALAM TALUK, ERANAKULAM DISRTICT,
     PIN-686691.
  3. AMRUTHA, MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN THE
     FIRST PETITIONER MALINI, PIN-686691.
  4. THE NATIONAL INSURANCE COMPANY LTD., REGISTERED OFFICE 3, MIDDLE
     TOWN STREET, KOLKATA,REPRESENTED BY ITS MANAGING DIRECTOR,
     PIN-700071.
  5. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD ALUVA
     DIVISIONAL OFFICE ,PUMP JUNCTION, ALUVA, ERANAKULAM DISTRICT,
     PIN-683101.


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to order the stay of the operation of impugned judgement dated 12.09.2023
in W.P.C. No.5040/2023 until the disposal of this Writ appeal.


     This Writ Appeal coming on for orders on 22.11.2023, upon perusing
the appeal memorandum, the court passed the following:
                    DR. A.K.JAYASANKARAN NAMBIAR
                                            &
                      DR. KAUSER EDAPPAGATH, JJ.
                   ---------------------------
                              WA.No.1939 of 2023
              - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - -
                Dated this the 22nd day of November, 2023


                                      ORDER

Dr. A.K.Jayasankaran Nambiar, J.

Admit. Issue notice by speed post to the respondents 1 to 3.

Sri. George A. Cherian, the Standing Counsel takes notice for the

respondents 4 and 5. Post for hearing after a month.

There will be an interim stay as prayed for, pending disposal of

the appeal.

Sd/-

DR. A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

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