Wp(C)/5744/2023 Of Manju Ajith Kumar v. Income Tax Commissioner

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 23 DAY OF MARCH 2023 / 2ND CHAITHRA, 1945 WP(C) NO. 5744 OF 2023 PETITIONER: MANJU AJITH KUMARAGED 59 YEARSD/O. G. RAMESAN, 'SUMTHRIPTHI', RESIDING AT TC 37/856(15) RAJADHANI BUILDINGS, EAST FORT, FORT PO THIRUVANANTHAPURAM, PIN - 695023 BY ADVS.K.C.ELDHOS.BIJILAL RESPONDENTS: 1INCOME TAX COMMISSIONEROFFICE OF THE INCOME TAX COMMISSIONER CENTRAL RANGE, AAYAKAR BHAVAN, ANNEX BUILDING, KOWDIAR,THIRUVANANTHAPURAM, PIN - 695003 2ASSISTANT COMMISSIONER OF INCOME TAXCENTRAL CIRCLE I, TRIVANDRUM OFFICE OF THE INCOME TAX COMMISSIONER CENTRAL RANGE, AAYAKAR BHAVAN, ANNEX BUILDING, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003CENTRAL CIRCLE I, TRIVANDRUM OFFICE OF THE INCOME TAX COMMISSIONER CENTRAL RANGE, AAYAKAR BHAVAN, ANNEX BUILDING, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003 3DEPUTY COMMISSIONER OF INCOME TAXOFFICE OF THE INCOME TAX COMMISSIONER CENTRAL CIRCLE I,AAYAKAR BHAVAN, ANNEX BUILDING, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003OFFICE OF THE INCOME TAX COMMISSIONER CENTRAL CIRCLE I,AAYAKAR BHAVAN, ANNEX BUILDING, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003 4INCOME TAX OFFICERWARD NO.1(1), CENTRAL CIRCLE I, AAYAKAR BHAVAN, ANNEX BUILDING, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003WARD NO.1(1), CENTRAL CIRCLE I, AAYAKAR BHAVAN, ANNEX BUILDING, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003 5THE MANAGERANANTHAPURAM CO-OPERATIVE SOCIETY LTD., SREEVARAHAM BRANCH, THIRUVANANTHAPURAM, PIN - 695003ANANTHAPURAM CO-OPERATIVE SOCIETY LTD., SREEVARAHAM BRANCH, THIRUVANANTHAPURAM, PIN - 695003 SRI. JOSE JOSEPH, SC. WP(C) NO. 5744 OF 2023 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 23.03.2023, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: T.R. RAVI, J. -------------------------------------------- W.P.(C).No.5744 of 2023 --------------------------------------------Dated this the 23[rd] day of March, 2023 JUDGMENT The prayer in the writ petition is for a direction to therespondents 2 to 4 to consider and pass orders on Ext.P6representation within a time limit. There is also a prayer forcompelling the 1[st] respondent to order an enquiry in the subjectmatter referred to in Ext.P6 and to take appropriate action againstthe erring officials. In view of the limited prayer made, this writ petition is disposedof directing the 4[th] respondent to consider and pass orders orders onExt.P6 after hearing the petitioner and such other necessary personsat the earliest, at any rate, within a period of three months from thedate of receipt of a copy of this judgment. Sd/- T.R.RAVIJUDGE WP(C) NO. 5744 OF 2023 4 APPENDIX OF WP(C) 5744/2023 PETITIONER EXHIBITS Exhibit P1A TRUE COPY OF THE ATTACHMENT ORDER DATED6/3/2012 ISSUED BY THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.10230 OF 2012 DATED 24/4/2012 OF THIS HON'BLE COURT Exhibit P3 A TRUE COPY OF THE ORDER DATED 8/11/2012 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT Exhibit P4 A TRUE COPY OF THE CHALLAN DATED 9/11/2012 SHOWING THE DEMAND DRAFT FOR A SUM OF RS.13,65,857/- Exhibit P5 A TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 28/8/2014 GIVING EFFECT TO THE FINAL ORDERS IN APPEALS FILED BY THE PETITIONER Exhibit P6A TRUE COPY OF THE REPRESENTATION DATED 12/1/2022 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT INCOME TAX OFFICER