V.VIJAYAKUMAR vs. THE DIRECTOR GENERAL OF INCOME TAX
What did the High Court hold?
The High Court of Kerala, while acknowledging the arguments made by the petitioner's counsel, Sri. G. Hariharan, granted the liberty as prayed for. The court noted that Sri. Hariharan, after realizing the difficulty in pursuing the current writ prayer, did not press the writ. Instead, he sought permission to send a reminder or file a representation before the respondents concerning the previous writ petition (WP(C) No. 27656 of 2015) and to re-invoke the court's jurisdiction if inaction continued. The Court explicitly stated that it had not examined the merits of the grievance canvassed by the petitioner or the objections raised by the third respondent. The responsibility to look into the issue and decide accordingly was left to the department, in the manner provided by law. Consequently, the writ petition was dismissed.
What were the facts?
The petitioner, V. Vijayakumar, filed a writ petition (WP(C) No. 1882 of 2019) before the High Court of Kerala. The petitioner had previously filed WP(C) No. 27656 of 2015. The current writ petition was filed due to the respondents' inaction concerning the order dated 12.04.2017 in WP(C) No. 27656 of 2015. The petitioner's counsel, Sri. G. Hariharan, after arguing for a considerable time, realized the difficulty in pursuing the current writ prayer. He sought liberty to send a reminder or file a representation before the respondents regarding the earlier writ petition and, if inaction continued, to invoke the court's jurisdiction again. The third respondent, Mr. Mohammed Babu Paramboor, was also represented by counsel.
What were the issues?
1. Whether the petitioner is entitled to invoke the jurisdiction of the High Court under Article 226 of the Constitution of India due to the alleged inaction of the respondents concerning the order dated 12.04.2017 in WP(C) No. 27656 of 2015. The petitioner's counsel, Sri. G. Hariharan, argued that the respondents have failed to take steps pursuant to the order in the previous writ petition, leading to continued inaction. He sought liberty to send a reminder or file a representation and, if the inaction persisted, to re-invoke the court's jurisdiction. The revenue (respondents 1 and 2) did not explicitly record their arguments in this judgment. However, Sri. G. Sreekumar, counsel for the third respondent, raised objections. The judgment does not record any specific arguments made by the revenue.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT Sri. G. Hariharan, argued the writ petition for considerable 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.
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. S.V.BHATTI JUDGE SJ
WP(C).No.1882 of 2019 -3-
Appendix — schedule of exhibits
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