High Court Kerala High Court

K.C.Manojkumar vs State Of Kerala

Kerala High Court
K.C.Manojkumar vs State Of Kerala
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 25652 of 2007(D)


1. K.C.MANOJKUMAR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE INSPECTING ASSISTANT COMMISSIONER,

3. THE DEPUTY SUPERINTENDENT OF POLICE,

4. THE CHECK POST OFFICER,

                For Petitioner  :SRI.R.SANTHOSH BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :/  /

 O R D E R
                      ANTONY DOMINIC, J.
                    ===============
                W.P.(C) NO. 25652 OF 2007 D
               =====================

          Dated this the 7th day of December, 2007

                        J U D G M E N T

Petitioner claims to be an authorised agent of various

assessees acting on the strength of Ext. P1. It is stated that he

is not permitted to act as the authorised agent of his principals

and therefore this writ petition has been filed for direction to the

respondents to permit the petitioner to work as the authorised

representative of the concerns whom he represents at the

Walayar Check Post. The petitioner relies on Section 47(2) and

47(9), which recognises the right of an assessee to be

represented by an authorised representative.

2. On the other hand, the learned Government pleader

on instructions submits that it is only in terms of Section 86 of

the KVAT Act that an authorised representative can be permitted

for the purpose of the said Act. Section 86 provides that any

person who is entitled or required to appear before any authority

other than the High Court in connection with any proceedings

under this Act may be represented before such authority by the

WPC 25652/07
: 2 :

persons enumerated therein including a person duly authorized

by him in writing in that behalf. The explanation provides that

authorisation referred to in Sub Section (1) shall be in such form

accompanied by such fee as may be prescribed. Form 27 is the

relevant form prescribed under the Rules in this behalf.

3. A combined reading of Section 86 and the contents of

form 27 leads me to think that the authorisation contemplated in

Section 86 is the authority conferred on a person to appear in a

proceedings under the Act which means the proceedings involving

determination of rights of the parties to a dispute as

contemplated in the Act. This does not take in the case of an

agent or a representative who is appearing before the

Commercial Tax Officer available in a checkpost. Therefore, I am

not prepared to accept the contention of the learned Government

Pleader that those who come within the ambit of Section 86 and

that too having authorisation in form 27 alone can be allowed to

be an authorised representative for all purposes. The stand taken

by the respondents in this behalf has to be held illegal.

WPC 25652/07
: 3 :

4. Accordingly, I dispose of this writ petition directing

that the petitioner will be permitted to represent the concerns

mentioned in Ext.P1 at the Walayar Check Post.

Writ petition is disposed of.

ANTONY DOMINIC, JUDGE.

Rp