V. Vijayakumar vs The Director General Of Income Tax
2022 Latest Caselaw 4834 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                      WP(C) NO. 26881 OF 2021
PETITIONER:

             V. VIJAYAKUMAR
             AGED 71 YEARS
             S/O. APPU NAIR, RESIDING AT "ANUGRAHA"
             PUTHUPARIYARAM,
             PALAKKAD - 678 731.

             BY ADVS.
             G. HARIHARAN
             PRAVEEN HARIHARAN


RESPONDENTS:

      1      THE DIRECTOR GENERAL OF INCOME TAX
             (INVESTIGATION WING),
             ARYABHANGHI,
             PINNACLE, SAHODARAN AYYAPPAN ROAD,
             KOCHI - 682 020.
      2      DEPUTY DIRECTOR OF INCOME TAX,
             (INVESTIGATION WING),
             MANJAKULAM,
             NEAR KSRTC,
             PALAKKAD - 678 001.
      3      MR.MOHAMMED BABU PARAMBOOR,
             DIRECTOR,
             M/S. ORBIT INFRASTRUCRTURE AND DEVELOPERS
             (INDIA)LTD,
             S/O. MOHAMMED ALI PARAMBOOR,
             PARAMBOOR HOUSE,
             PATTIKKAD, P.O. MALAPPURAM - 679 325.

             P.K. RAVINDRANATHA MENON (SR.)
             APPU AJITH
             JOSE JOSEPH, SC, FOR INCOME TAX



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.04.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) NO.26881 OF 2021

                                2




                           JUDGMENT

The prayers in this writ petition are as follows:-

"i. Issue a writ of mandamus or any other appropriate writ commanding the 1st respondent to consider and take follow up action on Ext.P6 representation made by the petitioner against the 3rd respondent taking note of the observations made in Ext.P7 order;

And

ii. To pass such other orders or reliefs as this Hon'ble Court deems fit in the interest of justice."

2. I have heard the learned counsel for the

petitioner as well as the learned Standing Counsel for

respondents 1 and 2.

3. Having regard to the facts of the case and

without any expression on the merits of Ext.P6

representation dated 18.10.2021, there will be a

direction to the 1st respondent to consider the same W.P.(C) NO.26881 OF 2021

with notice to the petitioner and affected parties, in

accordance with law, within a period of three months

from the date of receipt of a copy of this judgment. It

is made clear that, the petitioner and affected parties, if

any, will be given an opportunity of hearing either

physically or through Online mode before orders are

passed in Ext.P6 representation.

Accordingly, the above writ petition is disposed of.

Sd/-

MOHAMMED NIAS C.P JUDGE SPR W.P.(C) NO.26881 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 08.07.2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT MADE IN W.P(C)NO.27656/2015 DATED 12.04.2017 BY THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT MADE IN W.P.

(C)NO.1882/2019 DATED 14.06.2019. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 12.07.2019 SENT BY THE PETITIONER ADDRESSED TO THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE JUDGMENT MADE IN W.P.

(C)NO.6704/2020 DATED 05.03.2020. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 18.10.2021 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 24.03.2018 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PERINTHALMANNA IN CMP NO.43/2018.

RESPONDENTS EXHIBITS: NIL.