S.sekar v. The Commissioner Of Income Tax,Aayakar Bhavan, 2[Nd] Floor,Main Building

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2021 CORAM THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.3253 of 2020 (Through Video Conference) S.Sekar .. Petitioner -Vs- 1.The Commissioner of Income Tax,Aayakar Bhavan, 2[nd] Floor,Main Building,121, M.G.Road,Chennai-600 034. 2.M/s.TRANSUNION CIBIL LIMITED,One India Bulls Center Tower 2A,19[th] Floor, Senapati Bapti Marg,Elphin Stone Road,Mumbai-400 013. ..Respondents Prayer: Writ Petition is filed under Article 226 of Constitutionof India, to issue a Writ of Mandamus, directing the secondrespondent to update the records of CIBIL correctly and to removethe Loan Account details which were wrongly mentioned in thepetitioner's Pan Card number within a stipulated periodas prescribed by this Court. ORDER Prayer sought for herein is for a Writ of Mandamus,directing the second respondent to update the records of CIBILcorrectly and to remove the Loan Account details, which werewrongly mentioned in the petitioner's Pan Card number ,within a stipulated period as prescribed by this Court. https://hcservices.ecourts.gov.in/hcservices/ 2.That the petitioner is working as Sub Inspector of Police incommercial Crime Investigation Wing-CID-(CCIW-CID) of Sivagangai.He obtained a PAN card from the first respondent Income TaxDepartment on 12.12.2008 and his PAN number is . He hadfurnished the said PAN number to his bank as well as the policeDepartment for getting salary. 3.According to the petitioner, the petitioner is having the SBsalary account at State Bank of India, Karaikudi Branch throughwhich he is getting salary every month. In that Bank, with thestrength of the said SB account, he had availed some loan likejewel loan in the very same branch of the State Bank of India,like that, the petitioner also availed property loan from theREPCO Bank, Karaikudi Branch. 4.Except these loan accounts or salary accounts at State Bankof India at Karakudi and REPCO Bank at Karaikudi, the petitioneris not having any account in any Bank or Fiance Institution inthe country. 5.When that being so, the petitioner had come to know that thevery same PAN number, which was allotted to the petitioner hadbeen mistakenly identified as the PAN number of another man withthe same name at Enathur Village, Kanchipuram District andwhatever the loan have been obtained by the said person fromEnathur village seems to have been reflected in the TRANSUNIONCIBIL Limited records, with the result, it has caused someinconvenience to the petitioner, as if, that the petitioneravailed more loans from more Banks. 6.In order to rectify the same and to conclude or remove theloan account details, which were wrongly mentioned in thepetitioner's PAN No. , except the account numbers asmentioned in State Bank of India at Karaikudi and REPCO Bank atKaraikudi, the petitioner had given a representation to therespondents, especially, the second respondent on 26.11.2019.However, the said representation since has not been considered inproper perspective and according to the petitioner, the loanaccounts or Bank accounts of another man, that is, one Sekar fromKanchipuram District, since had also reflected in the name of thepetitioner with the PAN number of the petitioner in the CIBILaccount, in order to get redressal of his grievance, he seekingfor a direction to the second respondent to decide therepresentation of the petitioner, dated 26.11.2019, has approachedthis Court by filing the present writ petition. https://hcservices.ecourts.gov.in/hcservices/ https://hcservices.ecourts.gov.in/hcservices/ 7.Heard Mr.S.Balaji, learned counsel appearing for thepetitioner, who, after some hearing, during the last occasions,had filed the additional typeset of documents, where he has giventhe account details of the petitioner available in the State Bankof India, Karaikudi and REPCO Bank, Karaikudi, however, in respectof the petitioner, except the accounts available in the said twoBanks at Karaikudi Branch, no other accounts belongs to thepetitioner, and therefore, whatever the remaining accounts shown,as if it belongs to the petitioner in view of the confusion madein the PAN number of the petitioner with the similar name of thepetitioner, he has given the details so as to enable the secondrespondent to rectify the said error in their records. Therefore,the learned counsel for the petitioner seeks indulgence of thisCourt to issue a direction to that effect to the secondrespondent. 8.Heard Mr.R.Pon Senthil Kumar, learned counsel appearing forthe second respondent, who has filed the counter affidavit andrelying upon the same, the learned counsel would submit that, ifthe petitioner is able to pin point what are all the accounts thatare in live insofar as the petitioner is concerned, the same canbe taken into account by the second respondent and the remainingaccounts, if disowned by the petitioner, as if it does not belongsto him, the needful correction would be undertaken by the secondrespondent in their records. 9.Heard Mrs.S.Srimathy, learned Standing Counsel appearing forthe first respondent, who is a formal party. 10.Insofar as the claim of the petitioner is concerned, exceptthe accounts shown in his name at State Bank of India at KaraikudiBranch and REPCO Bank at Karaikudi Branch, the petitioner does nothave any account in any bank or finance through out the countryand therefore, whatever the accounts reflected in the name of thepetitioner with his PAN number can very well be corrected andrectified by the second respondent, therefore, in that view of thematter, this Court feel that this writ petition can be disposed ofby giving a direction to the second respondent to do the needful. 11.In the result, the following orders are passed in this writpetition. “that there shall be a direction to the secondrespondent to consider the representation of thepetitioner, dated 26.07.2019 and the latestrepresentation dated 23.06.2021 and after verifyingthe Bank account details given by the petitionerthat he is having Bank accounts only in the twobranches, that is, State Bank of India at Karaikudihttps://hcservices.ecourts.gov.in/hcservices/ and REPCO Bank at Karaikudi, the other Bank accountsmistakenly shown in the name of the petitioner withhis PAN number can be removed from his CIBIL accountwithin a period of four weeks from the date ofreceipt of a copy of this order and therectification to that effect can be communicated tothe petitioner thereon.” 12.Along with a copy of this order, the petitioner can forwardthe representation dated 26.07.2019 and fresh representation23.06.2021 to the second respondent and on receipt of the same,the needful shall be undertaken as indicated above by the secondrespondent. 13.With these directions, this writ petition is disposed of.No Costs. Sd/-Assistant Registrar (W) / /2021 Sub Assistant Registrar(CS) PJL Note:In view of the present lock down owing to COVID-19 pandemic,a web copy of the order may be utilized for official purposes,but, ensuring that the copy of the order that is presented is thecorrect copy, shall be the responsibility of the Advocate/litigantconcerned. To The Commissioner of Income Tax,Aayakar Bhavan, 2[nd] Floor,Main Building,121, M.G.Road,Chennai-600 034. +1 CC to M/s.S.PONSENTHILKUMARAN, Advocate ( SR-27987[F] dated02/09/2021 ) +1 CC to M/s.S.SRIMATHY, Advocate ( SR-27969[F] dated 02/09/2021 )+1 CC to M/s.S.BALAJI, Advocate ( SR-27975[F] dated 02/09/2021 ) W.P.(MD)No.3253 of 202002.09.2021 13.With these directions, this writ petition is disposed of.No Costs. Sd/-Assistant Registrar (W) / /2021 Sub Assistant Registrar(CS) PJL Note:In view of the present lock down owing to COVID-19 pandemic,a web copy of the order may be utilized for official purposes,but, ensuring that the copy of the order that is presented is thecorrect copy, shall be the responsibility of the Advocate/litigantconcerned. To The Commissioner of Income Tax,Aayakar Bhavan, 2[nd] Floor,Main Building,121, M.G.Road,Chennai-600 034. +1 CC to M/s.S.PONSENTHILKUMARAN, Advocate ( SR-27987[F] dated02/09/2021 ) +1 CC to M/s.S.SRIMATHY, Advocate ( SR-27969[F] dated 02/09/2021 )+1 CC to M/s.S.BALAJI, Advocate ( SR-27975[F] dated 02/09/2021 ) W.P.(MD)No.3253 of 202002.09.2021 https://hcservices.ecourts.gov.in/hcservices/