High Court of KeralaWP(C)/34131/2015disposed of

Mohammed Koya K.P. v. Revenue Divisional Officer

2015-11-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 WP(C).No. 34131 of 2015 (N) ---------------------------------------- PETITIONER(S):

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1. MOHAMMED KOYA K.P., AGED 38 YEARS, S/O.ABDUL KHADER, KOYIPARAMBATH PUVAYIL HOUSE, ERAVANNOOR, PULLALOOR, PAVANNOOR, PIN-673 585.

2. MOHAMMED MANZOOR B.A., S/O.B.ABBAS, PALOTH, AREEKODE, MALAPPURAM DISTRICT.

BY ADVS.SRI.T.H.ABDUL AZEEZ SMT.A.C.ARFANA RESPONDENT(S):

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1. REVENUE DIVISIONAL OFFICER, KOZHIKODE-673 001.

2. THE TAHSILDAR, KOYILANDI TALUK, KOZHIKODE DISTRICT-673 531.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 34131 of 2015 (N) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 : COPY OF THE GO(MS)NO.161/09/ID DT.14-12-2009. P2 : COPY OF THE CIRCULAR NO.58289/P3/2010/REVENUE DT.11-11-2010 ISSUED BY THE REVENUE DEPARTMENT OF R1.

P3 : COPY OF THE INVOICE NUMBER 6963 ISSUED BY THE DEALER, APARNA ENTERPRISES TO THE 1ST PETITIONER'S VEHICLE NO.KA 21A 7953. P4 : COPY OF THE TAX RECEIPT ISSUED BY THE KERALA COMMERCIAL TAX DEPARTMENT, TAX CHECKPOST MANJESWAR TO 1ST PETITIONER VEHICLE NO.KA 21A 7953.

P5 : COPY OF THE MAHAZAR DT.6-11-2015 PREPARED BY 2ND RESPONDENT. P6 : COPY OF THE ORDER DT.8-10-2015 IN WPC 30516/2015L. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.34131 of 2015 ****************************************************************************** Dated this the 12th day of November, 2015

JUDGMENT

Petitioners transported sand from Maharashtra in the vehicle bearing Registration No.KA-21A 7953. This has been detained. The petitioners approached this Court for release of the vehicle along with sand. This Court has considered the issue in several writ petitions. Accordingly, following direction is issued: If the petitioners have necessary document to show that the sand under transport from the outside State and also the document show that the payment of VAT in the State, the vehicle shall be released to the petitioners without any further conditions. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln