Mohanan K.A. v. The Intelligence Inspector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 WP(C).No. 18212 of 2015 (B) --------------------------------------- PETITIONER(S):

---------------------- MOHANAN K.A., M/S.OM SHAKTI TRADERS, DOOR NO.X/373/XV/412, NAGALASSERY PANCHAYAT, MATHUR, AMMAKKAVU, PERINGODE P.O., PALAKKAD-679535. BY ADVS.SRI.P.N.DAMODARAN NAMBOODIRI SMT.K.P.RANI RESPONDENT(S):

------------------------ 1.

THE INTELLIGENCE INSPECTOR, SQUAD NO.3, DEPT.COMMERCIAL TAXES, PALAKKAD-678001.

2.

THE INTELLIGENCE OFFICER, SQUAD NO.3, DEPT.COMMERCIAL TAXES, PALAKKAD-678001.

3.

THE COMMERCIAL TAX OFFICER, DEPT.COMMERCIAL TAXES, PATTAMBI-679303.

BY GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 18212 of 2015 (B) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS ---------------------------------- P1:

COPY OF THE REGISTRATION CERTIFICATE UNDER KERALA VALUE ADDED TAX ACT TIN NO.32091146537 DATED 13//6/13 P2:

COPY OF THE INVOICE NO.50 DATED 10/6/15 AN AMOUNT OF RS.19,07,400/- ISSUED BY M/S.JAISWAL TRADERS, DURGAPURI, DELHI TO THE PETITIONER P3:

COPY OF THE DELIVERY NOTE NO320911/DN/2255/2015 DATED 10/6/15 P4:

COPY OF THE FORM 8F DECLARATION NO.32091146537/2015-16/43 DATED 14/6/15 SUBMITTED BY THE PETITIONER P5:

COPY OF THE INVOICE NO.2132 DARED 10/6/15 P5A:

COPY OF THE INVOICE NO.2133 DARED 10/6/15 P5B:

COPY OF THE INVOICE NO.2134 DARED 10/6/15 P6:

COPY OF THE MECHANICAL INVOICE NO.837 DATED 14/6/15 ISSUED BY M/S.ST.GEORGE AUTO GARAGE, KUNNAMKULAM P6A:

COPY OF THE MECHANICAL CONFORMATION LETTER DATED 14/6/15 ISSUED BY M/S.ST.GEORGE AUTO GARAGE, KUNNAMKULAM P7:

COPY OF THE NOTICE NO.VC/III/135/15-16 DATED 14/6/15 ISSUED BY THE R1 TO THE PETITIONER.

RESPONDENTS' EXHIBITS ------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.18212 of 2015 ******************************************************* Dated this the 17th day of June, 2015

JUDGMENT

The petitioner is a registered dealer in Arecanuts. The petitioner transported Arecanuts. This was detained on account of delay in transporting the same. The petitioner explains the delay according to mechanical defect of the vehicle. Considering the facts and circumstances, there shall be a direction to the first respondent to release the goods with vehicle to the petitioner on executing a simple bond without sureties. The writ petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ln