IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3024 of 2005(I)
1. P.P.MOHAMMED,
... Petitioner
Vs
1. DIVISIONAL FOREST OFFICER,
... Respondent
2. DEPOT RANGE OFFICER,
3. CONSERVATOR OF FORESTS,
For Petitioner :SRI.N.K.SANATH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :18/07/2008
O R D E R
KURIAN JOSEPH, J.
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W.P.(C) No.3024 of 2005
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Dated 18th July, 2008.
J U D G M E N T
Ext.P3 notice issued by the second respondent is
under challenge. It is stated in Ext.P3 that there was arrears of
sales tax due to the petitioner and hence the petitioner cannot
remove the timber auctioned by him. It is seen that the
proceedings have been initiated at the instance of the first
respondent. By interim order dated 24.2.2005, the petitioner has
been permitted to remove the timber on furnishing bank
guarantee. According to the petitioner, the entire liability has
been cleared. It is also submitted that in any case, the whole
proceedings are time barred. There is no counter affidavit. In the
above circumstances, the writ petition is disposed of as follows :
There will be a direction to the first respondent to take
a decision on the liability of the petitioner with notice to the
petitioner and the concerned sales tax authority, within a period
of three months from the date of production of a copy of the
judgment. The fate of the bank guarantee furnished by the
WP NO.3024/2005 2
petitioner will depend on the action thus taken by the first
respondent.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J
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W.P.(C) No.3024 of 2005
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J U D G M E N T
Dated 18th July, 2008.