High Court Kerala High Court

R.Periyasamy vs Intelligence Inspector on 23 January, 2009

Kerala High Court
R.Periyasamy vs Intelligence Inspector on 23 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1145 of 2009(J)


1. R.PERIYASAMY,
                      ...  Petitioner

                        Vs



1. INTELLIGENCE INSPECTOR,
                       ...       Respondent

                For Petitioner  :SRI.M.V.BOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :23/01/2009

 O R D E R
                           K. M. JOSEPH, J.
                    --------------------------------------
                     W.P.C. No. 1145 OF 2009 J
                    --------------------------------------
             Dated this the 23rd day of January, 2009

                              JUDGMENT

Petitioner challenges Ext.P5. This court passed a

direction to take a decision on the objection filed by the petitioner.

Accordingly, Ext.P6 order is passed. The petitioner challenges the

same also. According to the petitioner, this is a case where

pursuant to the order(Ext.P4), the excavator was brought. It is

stated that the petitioner is not a registered dealer under the KVAT

Act.

Having considered the totality of facts, I feel that Exts.P5 and

P6 can be modified and it is ordered that if the petitioner furnishes

bank guarantee for a sum of Rs.2 Lakhs (Rupees Two Lakhs) and

also if the petitioner furnishes a simple bond by the petitioner and

surety bond by a solvent surety for the balance amount, the

excavator will be forthwith released. The adjudication process will

be completed within two months from the date of receipt of a copy

of this judgment.

The writ petition is disposed of as above.

Sd/=

K. M. JOSEPH, JUDGE
aks
// True Copy //
PS to Judge