High Court Kerala High Court

S.Balakrishnan vs Intelligence Inspctor on 6 July, 2010

Kerala High Court
S.Balakrishnan vs Intelligence Inspctor on 6 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20312 of 2010(L)


1. S.BALAKRISHNAN, NO.115-B,
                      ...  Petitioner

                        Vs



1. INTELLIGENCE INSPCTOR, INTELLIGENCE
                       ...       Respondent

2. INTELLIGENCE OFFICER, INTELLIGENCE

3. THE INSPECTING ASSISTANT COMMISSIONER

4. GOVERNMENT OF KERAA, REPRESENTED BY THE

                For Petitioner  :SRI.C.K.SREEJITH

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :06/07/2010

 O R D E R
                 P.R.RAMACHANDRA MENON, J
                    --------------------------------------------
                     WP(C) NO. 20312 OF 2010
                    --------------------------------------------
              Dated this the 6th day of July, 2010

                                JUDGMENT

The petitioner has approached this Court with the following prayers:

a) Issue a writ of certiorari or any other appropriate
writ, direction or order quashing the notice Ext.P10, and release
the goods detained as per the said notice to this petitioner after
collecting the appropriate security deposit under Section 47(2) of
the KVAT Act.

b) Issue a writ of mandamus or any other appropriate
writ direction or order directing the 1st respondent to drop all
further proceedings pertaining to the impugned notice and
release the materials detained to this petitioner after collecting
the security deposit as envisaged in Section 47(2) of the KVAT
Act.

2. The learned counsel for the petitioner submits that, the

proceedings being pursued by the respondents are without any regard to

the actual facts and circumstances; under which the goods happened to

be transported into the State. The petitioner is a resident at Coimbatore in

Tamilnadu; where he is doing some business and is not a registered

dealer under KVAT Act/Rules. The learned counsel for the petitioner

submits that, the petitioner was transporting some miniature welding sets

and water pumps in the border place near Coimbatore and the materials

were loaded in the concerned truck to be given to the prospective

purchasers near Chavadi and elsewhere. Some other materials belonging

to others were also loaded in the very same vehicle to be taken to Kollam

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and Thiruvananthapuram and the vehicle proceeded to the said destination

without unloading the goods of the petitioner; by mistake. It was while so,

the vehicle and the goods were intercepted by the 1st respondent on the

way, leading to issuance of impugned notices and proceedings.

3. The learned Government Pleader for the respondents submits

that, the materials were being transported absolutely without any

documents and on issuance of Ext.P7 notice, the RC owner of the vehicle

appeared and conceded the position to get release of the vehicle effecting

the payment to the requisite extent. Further steps were pursued by issuing

Ext.P10 notice, for causing the goods to be sold in public auction; when the

petitioner submitted Ext.P11 ‘e-mail’ seeking for further time to file proper

reply. Thereafter Ext.P15 explanation was submitted by the petitioner,

based on which; Ext.P16 notice was issued, giving an opportunity of

hearing to the petitioner and asking him to appear in person with the

relevant documents on 24.06.2010. The learned Government Pleader

submits that, in spite of the service of notice as above, the petitioner did not

turn up, but sent another ‘e-mail’ as borne by Ext.P17, stating that the

petitioner did not have any documents to substantiate the position and that

the contention of the petitioner has already been highlighted in Ext.P15

explanation; which is sought to be finalized.

4. The learned counsel for the petitioner submits that, the

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petitioner, however, will appear before the 1st respondent for the personal

hearing on 14.07.2010 (as suggested by both the sides) at 11 O’ clock.

The proceedings shall be finalized after hearing the petitioner or his

representative and the proceedings shall be taken to a logical conclusion,

by passing final orders as expeditiously as possible, at any rate, within one

month from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of accordingly.

P.R.RAMACHANDRA MENON
JUDGE
dnc