IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17740 of 2008(J)
1. A.A. HANEEFA
... Petitioner
Vs
1. COMMISSIONER OF COMMERCIAL TAXES
... Respondent
For Petitioner :SRI.SOJAN JAMES
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :18/06/2008
O R D E R
K.M.JOSEPH, J.
- - - - - - - - - - - - - - - - - - - - - - - - -
WP.(C) No.17740 of 2008
- - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 18th day of June, 2008
JUDGMENT
Case of the petitioner in brief is as follows:
Petitioner is a native of Pattimattom, now residing at Pollachi.
He purchased 4 chasis of Heavy Goods Vehicle covered by Ext.P1 series
invoices. Ext.P2 series are the temporary registration certificates. When
the chasis reached the Check Post at Walayar, it was detained by Ext.P4,
which is a notice issued under Section 47(2) of the Kerala Value Added Tax
Act. According to the petitioner, he is taking the chasis to National Auto
Body Works, Pattimattom in Ernakulam for body building. Petitioner
however made an oral request and then made Ext.P5 request by Fax saying
that the petitioner may be permitted to take the consignment back to
Pollachi.
2. I heard learned counsel for the petitioner and the learned
Government Pleader. Petitioner relies on Ext.P6 judgment.
Having regard to Ext.P6 judgment, I feel that the petitioner can
be given the same treatment. Accordingly, the writ petition is disposed of
directing the second respondent to permit the petitioner to take back the
goods detained by Ext.P4 upon production of a copy of this judgment.
(K.M. JOSEPH, JUDGE)
sb