IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 16128 of 2008(T) --------------------------------------------- PETITIONER: ------------------ A.M.ABDUL HAMEED, PROPRIETOR, ARAFA TRADERS, D.NO.6/1139, SULTHAN BATHERY, WAYANAD. BY ADV. SRI.N.MURALEEDHARAN NAIR SRI.V.K.SHAMUSUDHEEN RESPONDENT: -------------------- INTELLIGENCE INSPECTOR, SQUAD NO.III, OFFICE OF THE INSPECTING ASSISTANT COMMISSIONER (INTELLIGENCE), KOZHIKODE. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 16128 OF 2008 T -------------------------------------- Dated this the 30th May, 2008 JUDGMENT Petitioner is aggrieved by Ext.P5 notice issued under Section 47(2) of the Kerala Value Added Tax Act. He seeks a direction to release the goods detained. Counsel for petitioner submits that the petitioner has not filed any objection to Ext.P5. Heard the learned Government Pleader also. I feel that this is a case where the petitioner should be permitted to file objections and a decision should be ordered to be taken on the same by the respondent. Having regard to the urgency pleaded by the counsel for petitioner, the Writ Petition is disposed of as follows: If the petitioner files objection to Ext.P5 which, the learned counsel for petitioner submits, will be done by 2.6.2008 before the respondent, the respondent will consider and take a decision thereon in accordance with law, as early as possible and, at any rate, within one week from the date of receipt of the objection. WPC. 16128/08 T 2 Petitioner or his representative shall be present before the respondent on 2.6.2008 at 11 A.M. along with the objection, and a decision shall be taken by the respondent as aforesaid, after affording an opportunity of being heard to the petitioner. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge.