Rosamma Chacko vs The Intelligence Inspector on 29 October, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32083 of 2007(T)


1. ROSAMMA CHACKO, KAKKANATTU RUBBERS,
                      ...  Petitioner

                        Vs



1. THE INTELLIGENCE INSPECTOR,
                       ...       Respondent

2. THE COMMERCIAL TAX OFFICER,

3. M/S.M.K.JOHN & COMPANY,

                For Petitioner  :SMT.S.K.DEVI

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :29/10/2007

 O R D E R
                   ANTONY DOMINIC, J.

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              W.P.(C) No. 32083 OF 2007 T
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           Dated this the 29th October, 2007

                    J U D G M E N T

Petitioner challenges Ext. P1 notice on the basis

of which the goods were detained by the 1st respondent.

It is mentioned that the goods have been sold to a

person at Thodupuzha and the goods were being

transported to the consignee at Kavana near Vazhakulam.

Petitioner submits that the consignee is also a

registered dealer and he has a branch office at Kavana

and that the goods were being transp;orted to the

Branch. Petitioner also makes reference to the

delivery note which mentions the place to which the

goods were transported.

2. In the light of these documents, prima facie, I

am satisfied that the goods need to be released to the

petitioner. This is for the added reason that the

petitioner is also a registered dealer, so that the

respondents are not prejudiced by such release of the

goods. In view of this the goods will be released to

the petitioner on her executing a bond without

W.P.(C) No. 32083 OF 2007 2

sureties.

Writ petition is disposed of as above.

ANTONY DOMINIC
JUDGE
jan/-