IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11959 of 2010(T)
1. JUTHESH.P.B. M/S. PHINIX TIMBER TRADERS
... Petitioner
Vs
1. THE COMMERCIAL TAX OFFICER, DEPARTMENT
... Respondent
2. THE ASSISTANT COMMISSIONER,
3. THE INTELLIGENCE OFFICER,
4. SHIHAS.T.S., LIAS-MAKKAR,
For Petitioner :SRI.P.N.DAMODARAN NAMBOODIRI
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :08/04/2010
O R D E R
P.R.RAMACHANDRA MENON, J.
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W.P.(C)No.11959 OF 2010
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Dated this the 8th day of April, 2010
JUDGMENT
The petitioner has approached this Court with the following
prayers;
i). To issue a writ in the nature of
certiorari or any other appropriate writ or
order or direction to quashing exhibit-P2
and Exhibit-P3 notices for best judgment and
penalty issued by the 1st respondent.
ii). To issue a writ in the nature of
mandamus or any other appropriate writ or
order directing the 3rd respondent to realize
the registration certificate, delivery note and
other documents to the petitioner by the 2nd
and 3rd respondents.
Iii). To issue a writ in the nature of
mandamus or any other appropriate writ or
order directing the 1st respondent to issue
fresh delivery note in Form No.15, within a
time limit fixed by this Hon’ble Court.
iv). To issue a writ in the nature of
mandamus or any other appropriate writ or
order directing the 1st respondent to allow
sufficient time to the petitioner to file and
produce reply to Ext.P2 and Ext.P3 Notices;
v). To pass such other orders as this
Hon’ble Court may deem justified in the facts
and circumstances of the case;
vi). To award the cost of this
proceedings to the petitioner.
2. The learned counsel for the petitioner submits that
WPC NO. 11959/2010 -2-
because of non return of the documents, for which the
petitioner has already filed Ext.P4 representation before the 3rd
respondent, which is still to be acted upon, the petitioner is not in
a position to submit a proper reply in response to Exts.P2 and P3
notices.
2. The learned Government Pleader appearing for the
respondents submits that Exts.P2 and P3 have absolutely
nothing to do with the documents mentioned in Ext.P4
representation.
3. After going through the materials on record, this Court
finds considerable force in the submission made from the part of
the learned Government Pleader. However, since the petitioner
has already approached the 3rd respondent for return of the
documents vide Ext.P4, the 3rd respondent is directed to
consider Ext.P4 and pass appropriate orders in accordance with
law, as expeditiously as possible, at any rate within two weeks
from the date of receipt of a copy of this judgment. The
petitioner will be at liberty to file detailed objections in response
to Ext. P2 and P3. However, since the time prescribed therein is
already over, the petitioner is permitted to file such objections
WPC NO. 11959/2010 -3-
within a period of two weeks, on which event, the same shall be
considered in accordance with law and the matter shall be
finalised as expeditiously as possible, at any rate within six weeks
from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
P.R.RAMACHANDRA MENON,
JUDGE.
dpk