High Court Kerala High Court

M/S.Fashion Marbles And Granites … vs The State Of Kerala on 4 March, 2008

Kerala High Court
M/S.Fashion Marbles And Granites … vs The State Of Kerala on 4 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7192 of 2008(F)


1. M/S.FASHION MARBLES AND GRANITES COMPANY
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. THE ASSISTANT COMMISSIONER, SPECIAL

3. THE COMMERCIAL TAX INSPECTOR,

                For Petitioner  :SRI.DEVAN RAMACHANDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :04/03/2008

 O R D E R
                         ANTONY DOMINIC, J.

                = =W.P.(C) = = = = = = = = = = =
                     = = =No.    7192 OF 2008 F
                = = = = = = = = = = = = = = = =

                   Dated this the 4th March, 2008

                           J U D G M E N T

By Exts. P3 and P4, a consignment of granite was detained at

the check post and the irregularity noticed is regarding the quantity

transported. It is in view of this, the consignment was detained and

security has been demanded from the petitioner.

2. In order to resolve the issue an ascertainment of the

actual quantity transported by the petitioner is what is called for.

Various suggestions were considered and finally the learned Govt.

Pleader today submits that the respondents themselves will make

arrangements for measuring the actual quantity.

3. Accordingly, I dispose of this writ petition with the

following directions:

That the 3rd respondent shall arrange for measuring the

quantity of the granite transported by the petitioner and detained as

per Exts. P3 and P4. This shall be done with notice to the petitioner

W.P.(C) No. 7192 OF 2008

– 2 –

and as expeditiously as possible, at any rate within a week of

production of a copy of this judgment. Thereafter, depending upon

the quantity so assessed, further orders on the request for the

release of the consignment can be passed by the 3rd respondent

himself.

ANTONY DOMINIC
JUDGE
jan/-