M.Jayachandran v. The Director Of Income Tax

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2020

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.12876 of 2018 M.Jayachandran

...Petitioner

-Vs1.The Director of Income Tax Investigation Wing, Income Tax Office in Chennai, No.46, Uthamar Gandhi Salai, Nungambakkam High Road, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Income Tax Office of the Joint Commissioner, Income Tax Range-1, Tirupur, 60 Feet Road, Kumarnathapuram, Tiruppur-641 602.

3.The Superintendent of Police, District Police Office, Angeripalayam Main Road, Tiruppur-641 603, Tiruppur District.

4.State rep. by The Inspector of Police, District Crime Branch, District Police Office, Angeripalayam Main Road, Tiruppur-641 603, Tiruppur District.

5.S.Eswaramoorthy 6.Gandhimathi

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 18.05.2018 within the stipulated times as prescribed by this Court.

For Petitioner :

Mr.P.Kalimuthu For Respondent Nos.1&2 :

Mr.A.P.Srinivas,Sr.SC For Respondent Nos.3&4 :

Mr.M.Elumalai,GA(Crl.Side) For Respondent No.5 :

Mr. N.Nithianandam For Respondent No.6 :

Mr.S.Govi Ganesan

O R D E R

With the consent of both the parties, the Writ Petition is taken up today and heard through video conferencing.

2. The petitioner herein seeks for a direction to consider his representation dated 18.05.2018, wherein he has made some allegations against the fifth and sixth respondents herein. The averments in the affidavit filed before this Court are purely on surmises and presumptions. Even otherwise, the petitioner seems to have certain personal vendetta against the fifth and sixth respondents, for which purpose he has given complaints before the police, as well as, before the Income Tax Department. The request of the petitioner does not deserve consideration since the dispute between the petitioner and the fifth and sixth respondents seems to be personal. There is no sufficient material before this Court to establish that the petitioner's request before the Income Tax Department should be considered. As such, on a mere pretext and suspicion, this Court may not be justified in directing the Income Tax Department to consider the petitioner's representation. Accordingly, I do not find any merits in the Writ Petition. Hence, the Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar DP

To 1.The Director of Income Tax Investigation Wing, Income Tax Office in Chennai, No.46, Uthamar Gandhi Salai, Nungambakkam High Road, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Income Tax Office of the Joint Commissioner, Income Tax Range-1, Tirupur, 60 Feet Road, Kumarnathapuram, Tiruppur-641 602.

3.The Superintendent of Police, District Police Office, Angeripalayam Main Road, Tiruppur-641 603, Tiruppur District.

4.The Inspector of Police, District Crime Branch, District Police Office, Angeripalayam Main Road, Tiruppur-641 603, Tiruppur District.

+1cc to Ms. K.Govi Ganesan, Advocate, SR.No.29027 W.P.No.12876 of 2018 VSNII(CO) RN(21/10/2020)