T A RAJENDRAN Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The Editor of the newspaper 'Navab' filed this writ petition on 10th January 1984 seeking a writ of mandamus against the 1st respondent, Commissioner of Income Tax to retain the 2nd respondent - K.R.K. Menon, Income Tax Officer - "In his position as investigator and assessor against the 3rd respondent". The 3rd respondent is described as P. N. Sankaranarayanan, Partner, M/s P. K. Nanu Ezhuthassan and Sons, West Fort, Trichur. Sri K. Karunakaran, the Hon'ble Chief Minister of the Government of Kerala is the 4th respondent.

(2.) According to the petitioner, there have been proceedings by the income tax authorities, including a raid, against the 3rd respondent. Exts. P-3 and P-4 are the letters exchanged between the 3rd respondent and the Income Tax Officer. Under Ext. P-3, dated 30th November 1983 the 3rd respondent wanted a copy of the statement taken from him by the Department. On 3rd December 1983 the Department gave the reply pointing out that the statement sought for will be furnished on completion of the investigation. Ext. P-2 is stated to be a copy of the representation submitted by the petitioner, before the Governor of Kerala seeking an enquiry against the 4th respondent, the Chief Minister of the State. The representation, among other things alleged that the 4th respondent was aiding the 3rd respondent in amassing illegitimate wealth. Ext. P-5 is a report in the Indian Express dated 8th January 1984. It reports about the 2nd respondent having been "shifted to a new desk in Trichur", and of another officer by name K. J. Anthappan having taken "over Mr. Menon's responsibility including the Ezhuthachan affair."

(3.) Wading through the pleadings in the writ petition, the petitioner's legal contention appears to be what is summed up in the following sentences: