Shaji K.V. V. Union of India and State of Kerala and Director of Enforcement and Joint Director, Enforcement Directorate, Kochi Zonal Office and Deputy Director, Enforcement Directorate, Kozhikode Sub Zonal Office and Principal Commissioner of Income Tax and Commissioner of Income Tax, Kozhikode District and Assistant Commissioner, Income Tax Office, Chembra, Tirur and P.V. Anwar, Member of Legislative Assembly

WP(C)/25334/2021

AI Insights

The petitioner, Shaji K.V., approached the High Court of Kerala seeking a directive for the 3rd and 7th respondents to consider and act upon his previous representations concerning legal actions against the 9th respondent. The representations were made in the context of public interest. However, the court found that the appropriate course of action for such matters would be through a Public Interest Litigation (PIL) rather than a writ petition. Consequently, the court did not grant the specific reliefs requested but allowed the petitioner the option to file a PIL.

• Counselvise Citation: [2021] 140 COUNSELVISE.COM (IT) 821460 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 15-11-2021
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: VINITHA; S; CHRISTOPHER ABRAHAM
• Assessee Lawyers: C M IQUABAL; ANJALI KRISHNAN; P NISHAD; RAIHANATH
• Keywords: Enquiry; Legal action; Public Interest Litigation; Representations

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 15TH DAY OF NOVEMBER 2021 / 24TH KARTHIKA, 1943 WP(C) NO. 25334 OF 2021 PETITIONER: SHAJI K.V. S/O.VELAYUDHAN K.V,AGED 52 YEARS AMPALAKKANDI, PULLIPARAMBA P.O, CHELAMBRA, MALAPPURAM DISTRICT BY ADVS. C.M.MOHAMMED IQUABAL ANJALI G.KRISHNAN P.ABDUL NISHAD RAIHANATH T.H. RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, FIANCE DEPARTMENT, NEW DELHI, PIN-110001 2 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-110001 3 THE DIRECTOR OF ENFORCEMENT, ENFORCEMENT DIRECTORATE LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI, PIN-110003 4 THE JOINT DIRECTOR, ENFORCEMENT DIRECTORATE, KOCHI ZONAL OFFICE, SHENOYS’S JUNCTION, COCHIN, PIN- 682 001 5 THE DEPUTY DIRECTOR, ENFORCEMENT DIRECTORATE, KOZHIKODE SUB ZONAL OFFICE, KALLAI, KOZHIKODE P.O PIN. 673 003 6 THE PRINCIPAL COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT, C.R. BUILDING, NEW DELHI, PIN 110 001 7 THE COMMISSIONER OF INCOME TAX INCOME TAX OFFICE, MANANCHIRA, KOZHIKODE DISTRICT PIN – 673 001 8 THE ASSISTANT COMMISSIONER INCOME TAX OFFICE, CHEMBRA, TIRUR, PIN 676 101 WP(C) NO. 25334 OF 2021 2 9 P.V.ANWAR, MEMBER OF LEGISLATIVE ASSEMBLY, RAFI HOUSE, OTHAYI, PERKAMANNA P.O, MALAPPURAM DISTRICT, PIN 676 541 SMT.VINITHA B SR.G.P, SRI.S.MANU ASGI SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 25334 OF 2021 3 JUDGMENT The petitioner has approached this Court seeking to direct the 3rd and 7th respondents to consider and pass appropriate orders on Ext.P1 and Ext.P3 representations filed by the petitioner within a stipulated time. 2. By Ext.P1 representation, the petitioner is seeking to the 3rd respondent to conduct an enquiry and initiate necessary legal action against the 9th respondent. By Ext.P3 representation, petitioner has submitted a complaint before the 7th respondent seeking to take action against the 9th respondent. Going through the pleadings in the case, it is seen that the petitioner has no direct personal interest in the issue and petitioner has taken up the issue in public interest. Therefore filing of public interest litigation will be the appropriate remedy. Accordingly, the writ petition is disposed of without granting the reliefs prayed for, but at the same time granting liberty to the petitioner to file a PIL in accordance with the Rules, if the petitioner is so advised. Sd/- N.NAGARESH JUDGE hmh WP(C) NO. 25334 OF 2021 4 APPENDIX OF WP(C) 2 5334 /2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 22.12.2020 Exhibit P2 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 8TH RESPONDENT DATED 06.07.2018 Exhibit P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT DATED 19.07.2021 Exhibit P4 THE TRUE COPY OF THE AFFIDAVIT OF THE 9TH RESPONDENT SUBMITTED ALONG WITH THE NOMINATION TO THE WAYANAD PARLIAMENT CONSTITUENCY DATED 20.03.2014 Exhibit P5 THE TRUE COPY OF THE AFFIDAVIT OF THE 9TH RESPONDENT SUBMITTED ALONG WITH THE NOMINATION TO THE NILAMBUR ASSEMBLY CONSTITUENCY DATED 02.04.2019 Exhibit P6 THE TRUE COPY OF THE AFFIDAVIT OF THE 9TH RESPONDENT SUBMITTED ALONG WITH THE NOMINATION TO THE PONNANI PARLIAMENT CONSTITUENCY DATED 02.04.2019. Exhibit P7 THE TRUE COPY OF THE AFFIDAVIT OF THE 9TH RESPONDENT SUBMITTED ALONG WITH THE NOMINATION TO THE NILAMBUR ASSEMBLY CONSTITUTENCY DATED 17.03.2021. RESPONDENT EXHIBITS NIL "