IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 19886 of 2009(E) -------------------------- PETITIONER(S): --------------- DEVIDASAN, S/O.BALAKRISHNA MENON, 'SREE SUKHI', ARAKKINAR POST, CALICUT-28. BY ADV. SRI.SAJU.S.A RESPONDENT(S): --------------- 1. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 1, AYYAKAR BHAVAN, SOUTH BLOCK, MANANCHIRA, KOZHIKODE. 2. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE - 1, AYYAKAR BHAVAN, SOUTH BLOCK, MANANCHIRA, KOZHIKODE. 3. MUSLIM EDUCATION SOCIETY, BANK ROAD, CALICUT. BY SC SRI. JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).19886/2009 ....................... Dated this the 20th day of July, 2009 JUDGMENT Petitioner sought for certain third party information relating to assessment of the 3rd respondent under the Income Tax Act. This was rejected under Ext.P2 order passed by the 1st respondent, who is the Public Information Officer in the Income Tax Department, since no larger public interest is involved and disclosure of the information of a third party would cause unwarranted invasion of the privacy of a third party. This view was affirmed in an appellate order, Ext.P3, which is under challenge in this writ petition. 2. I heard learned counsel for the petitioner and learned counsel appearing for respondents 1 and 2. 3. Learned counsel for respondents 1 and 2 affirms that Ext.P3 order is appealable by way of 2nd appeal. This view is not controverted by the 3rd respondent also, though he would submit that the stand in Exts.P2 and P3 is correct. W.P.(C).19886/09 2 4. I am not inclined to consider the petitioner's contentions on merits, in as much as I am satisfied that Ext.P3 order is further appealable. Petitioner may avail such remedy, which shall be dealt with in accordance with law. Contentions of either parties are left open. Writ petition is disposed of as above. V.GIRI, Judge mrcs