Wp(C)/19886/2009 Of Devidasan v. Asst.commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 19886 of 2009(E) -------------------------- PETITIONER(S): --------------- DEVIDASAN, S/O.BALAKRISHNA MENON, 'SREE SUKHI', ARAKKINAR POST, CALICUT-28. BY ADV. SRI.SAJU.S.A RESPONDENT(S): --------------- 1. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 1, AYYAKAR BHAVAN, SOUTH BLOCK, MANANCHIRA, KOZHIKODE. 2. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE - 1, AYYAKAR BHAVAN, SOUTH BLOCK, MANANCHIRA, KOZHIKODE. 3. MUSLIM EDUCATION SOCIETY, BANK ROAD, CALICUT. BY SC SRI. JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... ....................... Dated this the 20[th] day of July, 2009 JUDGMENT Petitioner sought for certain third party informationrelating to assessment of the 3[rd] respondent under theIncome Tax Act. This was rejected under Ext.P2 orderpassed by the 1[st] respondent, who is the PublicInformation Officer in the Income Tax Department, sinceno larger public interest is involved and disclosure of theinformation of a third party would cause unwarrantedinvasion of the privacy of a third party. This view wasaffirmed in an appellate order, Ext.P3, which is underchallenge in this writ petition. 2.I heard learned counsel for the petitioner andlearned counsel appearing for respondents 1 and 2. 3.Learned counsel for respondents 1 and 2 affirmsthat Ext.P3 order is appealable by way of 2[nd] appeal.This view is not controverted by the 3[rd] respondent also,though he would submit that the stand in Exts.P2 and P3is correct. 4.I am not inclined to consider the petitioner'scontentions on merits, in as much as I am satisfied thatExt.P3 order is further appealable. Petitioner may availsuch remedy, which shall be dealt with in accordancewith law. Contentions of either parties are left open. Writ petition is disposed of as above. V.GIRI,Judge mrcs