Wp(C)/432/2014 Of Kerala Chemicals And Proteins Ltd v. The Income Tax Commissioner

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 18TH DAY OF NOVEMBER 2014/27TH KARTHIKA, 1936 WP(C).No. 432 of 2014 (D) -------------------------- PETITIONER(S): -------------------------- KERALA CHEMICALS AND PROTEINS LTD., EMPLOYEES UNION (INTUC), REG.NO.191/1980, REP.BY ITS GENERAL SECRETARY, SRI.K.K.KRISHNANKUTTY, KATHIKUDAM P.O., KORATTY, THRISSUR-680 308. BY ADV. SRI.S.R.DAYANANDA PRABHU. RESPONDENT(S): ---------------------------- 1. THE INCOME TAX COMMISSIONER, INCOME TAX OFFICE, MUNICIPAL OFFICE ROAD, KOORKANCHERY, THRISSUR. KOORKANCHERY, THRISSUR. 2. NITTA GELATIN INDIA LIMITED, 27/472, SBT AVENUE, PANAMPILLY NAGAR, KOCHI-36, REP. BY ITS MANAGING DIRECTOR. KOCHI-36, REP. BY ITS MANAGING DIRECTOR. 3. NGIL ACTION COUNCIL, REPRESENTED BY ITS CONVENER, K.M.ANIL KUMAR, KUNJUVALAPPIL HOUSE, KATHIKUDAM P.O., TRICHUR-680 308. K.M.ANIL KUMAR, KUNJUVALAPPIL HOUSE, KATHIKUDAM P.O., TRICHUR-680 308. 4. JAYAN JOSEPH, PATTATH HOUSE, KADUKUTTY, TRICHUR-680 309. 5. T.R.PREMKUMAR, KATHIKOODAM SAMARASAMITHI, CHAIRMAN, MOOZHIKULAM SALA, PARAKKADAVU P.O., ERNAKULAM-683 579. CHAIRMAN, MOOZHIKULAM SALA, PARAKKADAVU P.O., ERNAKULAM-683 579. 6. P.K. SAGEER, S/O.KUNJUMUHAMMAD HAJI, PULIKKAL HOUSE, ANNAMANADA P.O., ANNAMANADA-680 741. PULIKKAL HOUSE, ANNAMANADA P.O., ANNAMANADA-680 741. WP(C).No. 432 of 2014 (D) 7. JAISON, PANIKULANGARA HOUSE, PARAKKADAVU P.O., ERNAKULAM-683 579. R1 BY ADV. SRI.JOSE JOSEPH, SC, INCOME TAX. R2 BY SRI.K.ANAND, SENIOR ADVOCATE. ADV. SMT.LATHA KRISHNAN. R3, R4, R6 & R7 BY ADVS. DR.VINCENT PANIKULANGARA, SRI.V.S.CHANDRASEKHARAN. R5 BY ADVS. SRI.P.LEELAKRISHNAN, SRI.SHYAM KRISHNAN, SRI.N.B.SUNILNATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. APPENDIX PETITIONER'S EXHIBITS:- P1 : COPY OF REPRESENTATION DATED 08.08.2013 SUBMITTED BY PETITIONER TO THE 1ST RESPONDENT.PETITIONER TO THE 1ST RESPONDENT. P2 :COPY OF NOTICE DATED NIL PUBLISHED BY EMPLOYEES TO THE 2ND RESPONDENT.2ND RESPONDENT. P3 : COPY OF PAPER REPORT IN MALAYALA MANORAMA DAILY DATED 13.08.2013.DATED 13.08.2013. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No.432 OF 2014 ......................................................................... Dated this the 18[th] November, 2014 J U D G M E N T The petitioner has approached this Court with the following prayers: “It is therefore prayed that this Hon'ble Courtbe pleased to issue a writ of mandamus orother appropriate writ or order directing the1[st] respondent to conduct a proper enquiryinto Exhibit P1, consider the dispose of thesame in accordance with law as expeditiouslyas possible and within a time limit to be fixedby this Hon'ble Court in the interest ofjustice.” 2. The writ petition was admitted ordering 'Urgent notice on admission' by speed post to respondents 3 to 7. LearnedStanding Counsel for the first respondent/Income TaxCommissioner and learned Counsel for the secondrespondent/Nitta Gelatin India Limited took notice on06.01.2014 itself. Service is complete. No counter affidavithas been filed so far. Considering the limited extent of relief sought for , thisCourt does not find it necessary to express anything on merits W.P.(C)No.432 OF 2014 2. The writ petition was admitted ordering 'Urgent notice on admission' by speed post to respondents 3 to 7. LearnedStanding Counsel for the first respondent/Income TaxCommissioner and learned Counsel for the secondrespondent/Nitta Gelatin India Limited took notice on06.01.2014 itself. Service is complete. No counter affidavithas been filed so far. Considering the limited extent of relief sought for , thisCourt does not find it necessary to express anything on merits W.P.(C)No.432 OF 2014 with regard to the pleadings set up by the petitioner. The writpetition is disposed of directing the first respondent/Income TaxCommissioner to consider and pass appropriate orders on Ext.P2, in accordance with law, as expeditiously as possible. The writ petition is disposed of. P.R.RAMACHANDRA MENONJUDGE