Wp(C)/1882/2019 Of V.vijayakumar v. The Director General Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 14TH DAY OF JUNE 2019 / 24TH JYAISHTA, 1941 WP(C).No.1882 of 2019 PETITIONER: V.VIJAYAKUMARAGED 69 YEARSAPPU NAIR, RESIDING AT ANUGRAHA,PUTHUPARIYARAM,PALAKKAD-678 731 BY ADVS.SRI.G.HARIHARANSMT.K.S.SMITHASRI.PRAVEEN.H.SRI.V.R.SANJEEV KUMAR RESPONDENTS: 1THE DIRECTOR GENERAL OF INCOME TAX(INVESTIGATION WING), ARYABHANGHI,PINNACLE, SAHODRAN AYYAPPAN ROAD, KOCHI-682 020(INVESTIGATION WING), ARYABHANGHI,PINNACLE, SAHODRAN AYYAPPAN ROAD, KOCHI-682 020 2DEPUTY DIRECTOR OF INCOME TAX,(INVESTIGATION WING), MANJAKULAM, NEAR KSRTC, PALAKKAD-678 001(INVESTIGATION WING), MANJAKULAM, NEAR KSRTC, PALAKKAD-678 001 3MR.MOHAMMED BABU PARAMBOOR,DIRECTOR, M/S., ORBIT INFRASTRUCTURE AND DEVELOPERS (INDIA) LTD, S/O. MOHAMMED ALI PARAMBOOR, PARAMBOOR HOUSE, PATTIKKAD,P.O MALAPPURAM-679 325 BY ADVS. SRI.G.SREEKUMAR (CHELUR)SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- JUDGMENT Sri. G. Hariharan, argued the writ petition for considerablelength of time and after realizing the difficulty not taking any stepspursuant to the order dated 12.04.2017 in W.P(C) No. 27656 of 2015,for the present does not press the writ prayer seeks liberty to send areminder or file a representation before the respondents in Writpetition No. 27656 of 2015, and thereafter the inaction is continuednot withstanding the reminder sent now seeks liberty of this Court toonce again invoke the jurisdiction under Article 226 of theConstitution of India.2.The statement as made by Mr. Hariharan is referred andrecorded. By granting the liberty as prayed for, the writ petition isdismissed. While dismissing the writ petition, it is made clear that,this Court has not examined the merits of grievance canvassed by thewrit petitioner or other objections raised by Sri. G. Sreekumar, thelearned counsel appearing for R3. It is for the department to look intothe issue , in the manner provided by law and decide accordingly. SD/- S.V.BHATTI JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 05/09/2014 FILED BY THE 3RD RESPONDENT BEFORE THE DISTRICT POLICE CHIEF, MALAPPURAM ALONG WITH ITS ENGLISH TRANSLATION. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 08/07/2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE JUDGMENT MADE IN W.P.(C) NO.27656/2015 DATED 12/04/2017 BY THIS HON'BLE COURT.