IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 8903 of 2010(K) ------------------------- PETITIONER: --------------- HONEYWELL AUTOMATION INDIA LTD, DOOR NO.28/3825C,SAHODARAN AYYAPPAN ROAD,ELAMKULAM KADAVANTHRA.P.O,COCHIN-20,REPRESENTED BY ITS SITE IN CHARGE SHAMIAM. BY ADV. SRI.R.MURALIDHARAN (AROOR) RESPONDENTS: --------------- 1. THE SALES TAX OFFICER(ENQUIRY), OFFICE OF THE DEPUTY COMMISSIONER,MATTANCHERRY. 2. M/S.BHARAT PETROLEUM CORPORATION LTD, KOCHI REFINERY,AMBALAMUGAL,ERNAKULAM. BY GOVERNMENT PLEADER ADV. MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 8903 OF 2010 ......................................................................... Dated this the 25th March, 2010 J U D G M E N T The petitioner has approached this Court with the following prayers: “(a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to release amount withheld as per Exhibit P1 judgment of this Hon'ble Court, forthwith to the petitioner; (b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to issue necessary clearance to the 2nd respondent to relase the amount withheld by them as per direction of this Hon'ble Court; (c) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to return the security bond furnished by the petitioner as per the direction in Ext.P1 judgment immediately; and W.P.(C) No. 8903 OF 2010 2 (d) to pass such other order this Hon'ble Court may deem fit and proper on the facts and circumstances of the case”. 2. The learned Government Pleader appearing for the first respondent and the learned Standing Counsel appearing for the 2nd respondent submits with specific reference to the mandate under Ext.P1 judgment and also Ext.P3 judgment passed by this Court that, even though the petitioner has preferred Exts. P5 and P6 applications for release of the amount due to the petitioner, the specific direction given by this Court for producing the clearance certificate for getting the due amount released is yet to be complied with and that if the petitioner approaches the first respondent for issuance of the necessary certificate , the same will be issued without delay. 3. The submission made by the learned Government Pleader is vehemently rebutted from the part of the petitioner referring to Ext.P6 application submitted before the first respondent. The learned Government Pleader submits that necessary certificate will be issued forthwith and on production W.P.(C) No. 8903 OF 2010 3 of the same, the petitioner can very well get the amount released from the second respondent . 4. In the above facts and circumstances, the first respondent is directed to issue the necessary clearance certificate to the petitioner forthwith, at any rate, within one week from the date of receipt of a copy of the judgment and on production of the same before the second respondent, the amount detained shall be released to the petitioner within three days thereafter. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk