Kerala High Court
S.Ramalingam vs Deputy Commissioner Of Commercial ... on 12 October, 2017
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 12TH DAY OF OCTOBER 2017/20TH ASWINA, 1939
WP(C).No. 32662 of 2017 (F)
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PETITIONER(S) :
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S.RAMALINGAM,
AGED 25 YEARS, S/O.SAMBATH, 3/464,
SANTHANAKOTIKKAL, RAMAKONDAALLI,
PENNAGARAM, DHARMAPURI, TAMIL NADU-636 810,
HAVING BUSINESS ADDRESS AS,
RAGHAVINDRA AGRO AGENCIES, NO.3/7,
THOPPIL HOUSE, RAJAKUMARI POST & VILLAGE,
IDUKKI -685 619.
BY ADV. SRI.S.JIJI
RESPONDENT(S) :
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1. DEPUTY COMMISSIONER OF COMMERCIAL TAXES,
OFFICE OF THE DEPUTY COMMISSIONER OF TAXES,
AYYAPPA COMPLEX, KALPETTA, WYNAD-673 121.
2. THE ASST. COMMISSIONER OF COMMERCIAL TAXES,
OFFICE OF THE A.C., AYYAPPA COMPLEX,
KALPETTA, WYNAD-673 121.
3. THE INTELLIGENCE INSPECTOR,
SQUAD NO.II, COMMERCIAL TAXES OFFICE,
AYYAPPA COMPLEX, KALPETTA, WYNAD-673 121.
* ADDITIONAL R4 IMPLEADED
4. THE INTELLIGENCE OFFICER,
SQUAD NO.II, COMMERCIAL TAXES OFFICE,
AYYAPPA COMPLEX, KALPETTA, WYNAD- 673 121.
* IS SUO MOTU IMPLEADED AS PER ORDER DATED 12.10.2017.
BY GOVERNMENT PLEADER SRI. V.K.SHAMSUDHEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12-10-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Msd.
WP(C).No. 32662 of 2017 (F)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE INVOICE DATED 31.01.2016 ISSUED BY
THE DOOSAN.
EXHIBIT P2 TRUE COPY OF THE INSURANCE CERTIFICATE DATED 25.03.2016.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 06.06.2017 IN
W.P(C).NO. 18180/2017 OF THIS HON'BLE COURT.
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 24.06.2017 ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 29.08.2017 ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER DATED 28.09.2017 TO THE 3RD RESPONDENT
WITH COPY TO OTHER RESPONDENTS.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).No.32662 Of 2017
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Dated this the 12th day of October, 2017
J U D G M E N T
The limited prayer of the petitioner in the writ petition is for a direction to the additional 4th respondent to complete the adjudication proceedings in respect of the seizure of an excavator belonging to the petitioner. Pursuant to the detention of the said vehicle by the respondents, the petitioner had approached this Court through W.P(C).No.18180 of 2017 and by Ext.P3 judgment this Court had directed a release of the goods on certain conditions, and thereafter, directed the adjudicating authority to adjudicate the matter and pass orders after hearing the petitioner within a period of two months from the date of receipt of a copy of the judgment. The grievance of the petitioner is essentially that the adjudication proceedings have not been completed by the respondents till date.
2. I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader appearing for W.P.(C).No.32662 Of 2017 2 the respondents.
On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, and taking note of the above directions issued by this Court in Ext.P3 judgment, I direct the additional 4th respondent to complete the adjudication proceedings in respect of the excavator within two months from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall be intimated of the date of personal hearing in connection with the adjudication at least a week in advance.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE mns/12.10.17