High Court of KeralaWP(C)/21808/2015disposed of

Sarojam Kumari Lari Ponnumani v. The Intelligence Inspector

2015-07-203 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 WP(C).No. 21808 of 2015 (A) ---------------------------- PETITIONER :

---------------------- SAROJAM KUMARI LARI PONNUMANI, PROPRIETRIX, EAGLE WINDOWS, P.P.IV/859, NEAR R.C.CHURCH, THEKKE ALAMPARA, CHIRAKKONAM, PARASUVAIKKAL, PARASSALA,PIN-695 508, RESIDING AT D.L.DALE, ADUMANCADU, PARASUVAIKKAL, PARASSALA, NEYYATTINKARA TALUK,PIN-695 508 BY ADVS.SRI.VADAKARA V.V.N.MENON SRI.C.N.GOPAKUMAR RESPONDENT(S):

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1. THE INTELLIGENCE INSPECTOR, SQUAD II, COMMERCIAL TAXES, ALAPPUZHA AT CHENGANNUR.

2. THE COMMISSIONER OF COMMERCIAL TAXES, OFFICE OF THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM,PIN-695 001

3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURAL INCOME TAX & SALES TAX, GOVT. SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001 BY SR GOVERNMENT PLEADER SMT. SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.21808/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE CERTIFICATE OF REGISTRATION WITH ANNEXURE ISSUED TO THE PETITIONER BY THE COMMERCIAL TAX OFFICER, NEYYATTINKARA P2 COPY OF THE INVOICE NO.156 DATED 13/7/2015 ISSUED BY KINGS WINDOWS INC TO THE EAGLE WINDOWS P3 COPY OF THE INVOICE NO.157 DATED 13/7/2015 ISSUED BY KINGS WINDOWS INC TO THE EAGLE WINDOWS P4 COPY OF THE INVOICE NO.158 DATED 13/7/2015 ISSUED BY KINGS WINDOWS INC TO THE EAGLE WINDOWS P5 CPY OF THE INVOICE NO.159 DATED 13/07/2015 ISSUED BY KINGS WINDOWS INC TO THE EAGLE WINDOWS P6 COPY OF THE INVOICE NO.1 DATED 13/07/2015 ISSUED BY EAGLE WINDOWS TO RAJADHANI VILAS, ALUVA WITH ENDORSEMENT ON ITS REVERSE SIDE P7 COPY OF THE NOTICE NO.OR 133/15-16 DATED 14/7/2015 GIVEN BY THE 1ST RESPONDENT TO THE DRIVER OF VEHICLE NO.TN 40C/6023. RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.21808 of 2015 ----------------------------------- Dated this the 20th day of July, 2015

J U D G M E N T

The petitioner, a registered dealer, has approached this Court challenging Ext.P7 detention notice. As per Ext.P7 notice, the petitioner has been directed to furnish security deposit of 1,88,300/-.

₹

2. The reason for detention is that, the goods under transport are different from the goods as per the bills. It is also noted that, the window frames are short in number when compared to the bill and the doors transported in the vehicle have no corresponding bill.

3. In view of the facts and circumstances of the case, this Court finds that, the goods and vehicle shall be released to the petitioner on depositing an amount of 30,000/- (Rupees Thirty ₹ thousand only) and executing a simple bond without sureties for the remaining amount.

This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.