Dismissed

V.Vijayakumar v. the Director General of Income Tax

Kerala HC14 Jun 2019WP(C)/1882/2019

Case brief

AI extract

What is this about?

The court dismissed the writ petition on the petitioner's prayer for liberty to file reminders or representation before the respondents without examining the merits of the grievance, leaving the issue for the department to decide. The petition did not proceed on merits.

What did the court decide?

Liberty to send a reminder or file a representation before the respondents; writ petition dismissed without merit being examined.

V.Vijayakumar Vs the Director General of Income Tax — Income Tax | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE S.V.BHATTI

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FRIDAY, THE 14TH DAY OF JUNE 2019 / 24TH JYAISHTA, 1941

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WP(C).No.1882 of 2019

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PETITIONER:

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V.VIJAYAKUMAR AGED 69 YEARS APPU NAIR, RESIDING AT ANUGRAHA,PUTHUPARIYARAM, PALAKKAD-678 731

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BY ADVS. SRI.G.HARIHARAN SMT.K.S.SMITHA SRI.PRAVEEN.H. SRI.V.R.SANJEEV KUMAR

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RESPONDENTS:

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1 THE DIRECTOR GENERAL OF INCOME TAX (INVESTIGATION WING), ARYABHANGHI,PINNACLE, SAHODRAN AYYAPPAN ROAD, KOCHI-682 020

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2 DEPUTY DIRECTOR OF INCOME TAX, (INVESTIGATION WING), MANJAKULAM, NEAR KSRTC, PALAKKAD-678 001

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3 MR.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

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BY ADVS.

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SRI.G.SREEKUMAR (CHELUR) SRI.JOSE JOSEPH, SC, FOR INCOME TAX

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1882 of 2019

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-2-

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JUDGMENT

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Sri. G. Hariharan, argued the writ petition for considerable

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length of time and after realizing the difficulty not taking any steps pursuant 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 a reminder or file a representation before the respondents in Writ petition No. 27656 of 2015, and thereafter the inaction is continued not withstanding the reminder sent now seeks liberty of this Court to once again invoke the jurisdiction under Article 226 of the Constitution of India.

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The statement as made by Mr. Hariharan is referred and recorded. By granting the liberty as prayed for, the writ petition is dismissed. While dismissing the writ petition, it is made clear that, this Court has not examined the merits of grievance canvassed by the writ petitioner or other objections raised by Sri. G. Sreekumar, the learned counsel appearing for R3. It is for the department to look into the issue , in the manner provided by law and decide accordingly.

SD/-

S.V.BHATTI

JUDGE

WP(C).No.1882 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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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.

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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.

V.Vijayakumar v. the Director General of Income Tax

Case brief

What is this about?

What did the court decide?

V.Vijayakumar v. the Director General of Income Tax

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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