IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 11959 of 2010(T) -------------------------- PETITIONER(S): --------------- JUTHESH.P.B. M/S. PHINIX TIMBER TRADERS IV/1172, GANDHI NAGAR,VADAKKANCHERRY, PALAKKAD DISTRICT. BY ADV. SRI.P.N.DAMODARAN NAMBOODIRI RESPONDENT(S): --------------- 1. THE COMMERCIAL TAX OFFICER, DEPARTMENT OF COMMERCIAL TAXES, ALATHUR, PALAKKAD DISTRICT. 2. THE ASSISTANT COMMISSIONER, SPECIAL CIRCLE II, COMMERCIAL TAXES, ERNAKULAM. 3. THE INTELLIGENCE OFFICER, SQUAD I, COMMERCIAL TAXES, MATTANCHERRY AT ALUVA. 4. SHIHAS.T.S., LIAS-MAKKAR, H.NO.VII/458, THELAMPURAM HOUSE, ALLAPRA.P.O.,PERUMBAVOOR. BY GP.SRIC.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------ W.P.(C)No.11959 OF 2010 ------------------------ Dated this the 8th day of April, 2010 JUDGMENT The petitioner has approached this Court with the following prayers; i). To issue a writ in the nature of certiorari or any other appropriate writ or order or direction to quashing exhibit-P2 and Exhibit-P3 notices for best judgment and penalty issued by the 1st respondent. ii). To issue a writ in the nature of mandamus or any other appropriate writ or order directing the 3rd respondent to realize the registration certificate, delivery note and other documents to the petitioner by the 2nd and 3rd respondents. Iii). To issue a writ in the nature of mandamus or any other appropriate writ or order directing the 1st respondent to issue fresh delivery note in Form No.15, within a time limit fixed by this Hon'ble Court. iv). To issue a writ in the nature of mandamus or any other appropriate writ or order directing the 1st respondent to allow sufficient time to the petitioner to file and produce reply to Ext.P2 and Ext.P3 Notices; v). To pass such other orders as this Hon'ble Court may deem justified in the facts and circumstances of the case; vi). To award the cost of this proceedings to the petitioner. 2. The learned counsel for the petitioner submits that WPC NO. 11959/2010 -2- because of non return of the documents, for which the petitioner has already filed Ext.P4 representation before the 3rd respondent, which is still to be acted upon, the petitioner is not in a position to submit a proper reply in response to Exts.P2 and P3 notices. 2. The learned Government Pleader appearing for the respondents submits that Exts.P2 and P3 have absolutely nothing to do with the documents mentioned in Ext.P4 representation. 3. After going through the materials on record, this Court finds considerable force in the submission made from the part of the learned Government Pleader. However, since the petitioner has already approached the 3rd respondent for return of the documents vide Ext.P4, the 3rd respondent is directed to consider Ext.P4 and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate within two weeks from the date of receipt of a copy of this judgment. The petitioner will be at liberty to file detailed objections in response to Ext. P2 and P3. However, since the time prescribed therein is already over, the petitioner is permitted to file such objections WPC NO. 11959/2010 -3- within a period of two weeks, on which event, the same shall be considered in accordance with law and the matter shall be finalised as expeditiously as possible, at any rate within six weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE. dpk