High Court of KeralaWP(C)/20615/2015disposed of

M/S.Kion India Pvt. Ltd. v. Intelligence Inspector, Squad No.I

2015-07-09Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 9TH DAY OF JULY 2015/18TH ASHADHA, 1937 WP(C).No. 20615 of 2015 (B) ---------------------------- PETITIONER(S):

-------------------------- M/S.KION INDIA PVT. LTD., 5/4, CHANDAN NAGAR, PUNE NAGAR ROAD, PUNE, REPRESENTED BY AGEE KOSHY, BUSINESS HEAD (KERALA & COIMBATORE).

BY ADVS.SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON.

RESPONDENT(S):

---------------------------- INTELLIGENCE INSPECTOR, SQUAD NO.I, DEPARTMENT OF COMMERCIAL TAXES, KOZHIKODE-6.

BY SR. GOVT. PLEADER SMT.SOBHA ANNAMMA EAPEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 20615 of 2015 (B) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE INVOICE NO.6230000233 ISSUED RAISED BY THE PETITIONER DATED 11/04/2015.

EXT.P1A COPY OF THE INVOICE NO.6230000355 ISSUED RAISED BY THE PETITIONER DATED 15/04/2015.

EXT.P1B COPY OF THE INVOICE NO.6230000406 ISSUED RAISED BY THE PETITIONER DATED 16/04/2015.

EXT.P1C COPY OF THE INVOICE NO.6230000425 ISSUED RAISED BY THE PETITIONER DATED 17/04/2015.

EXT.P2 COPY OF THE CERTIFICATE OF OWNERSHIP ISSUED BY M/S.GATEWAY DISTRIPARKS, COCHIN DATED 23/04/2015. EXT.P3 COPY OF THE NOTICE IN FORM NO.17A ISSUED BY THE RESPONDENT DATED 29/05/2015.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.20615 of 2015 ----------------------------------- Dated this the 9th day of July, 2015

J U D G M E N T

The petitioner has approached this Court challenging Ext.P3 detention notice. The petitioner is the consignor of goods under transport. The reason for detention is that, the consignee has no registration in Kerala and certificate of ownership is not signed.

2. Heard the learned counsel for the petitioner as well as the learned Government Pleader for the respondents.

3. In view of the facts and circumstances of the case, this Court finds that, the goods shall be released to the petitioner on executing Bank Guarantee for the amount demanded as security. This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.