Wp(C)/17045/2013 Of Johny Varghese v. Director General Of Income Tax(Inv)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR &THE HONOURABLE MR. JUSTICE SATHISH NINAN TUESDAY, THE 29TH DAY OF NOVEMBER 2016/8TH AGRAHAYANA, 1938 WP(C). No.17045 of 2013 (E) ---------------------------- PETITIONER(S):------------- JOHNY VARGHESE, S/O VARGHESE, AGED 52 YEARS,ZEON VILLA, NANDANAM C BLOCK, NERA THIRUVATH TEMPLE, AYYANTHOLE, THRISSUR. ZEON VILLA, NANDANAM C BLOCK, NERA THIRUVATH TEMPLE, BY ADVS.SRI.A.X.VARGHESE SRI.A.V.JOJO SRI.S.MOHAMMED SHIJI RESPONDENT(S):-------------- 1. DIRECTOR GENERAL OF INCOME TAX(INV), KOCHI. 2.THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. K.T. JOY, S/O THOMAS, KUNALIL HOUSE, PUTHURUTHI P.O, ARYAMPALAM VIA, WADAKKANCHERY, THRISSUR-680623. R3 BY ADV. SRI.P.K.R.MENON, SR.COUNSEL, GOI(TAXES)R1 BY ADV. SRI.JOSE JOSEPH, SC R2 BY SENIOR GOVERNMENT PLEADER SRI.V.TEKCHAND THIS WRIT PETITION(CIVIL) HAVING COME UP FOR ADMISSION ON 29-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KRJ MOHAN M. SHANTANAGOUDAR, CJ& SATHISH NINAN, J -------------------------------------------------------------- W.P(C). No. 17045 of 2013 --------------------------------------------------------------- Dated this the 29[th] day of November, 2016 J U D G M E N T Mohan M. Shantanagoudar, CJ The only grievance of the petitioner is that though certainserious allegations are raised against the third respondent inrespect of violation of the Income Tax Act, etc., no steps havebeen taken by the first and second respondents to conductenquiry. 2. Since we are not passing any orders or making anyobservation against the third respondent, notice to him may notbe necessary while disposing of the writ petition. 3. Learned counsel for the first respondent submits thatdue enquiry is going on in the matter regarding the allegationsagainst the third respondent. However, the stage of the enquiryand the materials collected may not be required to divulged inthe interest of the State. Be that as it may, since the enquiry is being proceeded inaccordance with law, no orders are necessary in this writ W.P(C).17045/13 petition. The writ petition fails and the same stands dismissedas infructuous. Sd/- Mohan M. Shantanagoudar, Chief Justice Sd/-Sathish Ninan, Judge sou.29/11. // True copy //P.A. To Judge