IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 W.P.(C).No. 5789 of 2008(L) ---------------------------------- PETITIONER: -------------- P.K.FRANSON, S/O.LATE P.K.KURUVILA, PULIKOTTIL HOUSE, PARANNOOR, CHOONDAL P.O., BY ADV. SRI.SOJAN JAMES RESPONDENTS: ----------------- 1. THE INSPECTING ASSISTANT COMMISSIONER, (INTELLIGENCE), COMMERCIAL TAXES, TRICHUR. 2. THE INTELLIGENCE INSPECTOR, SQUAD NO.II COMMERCIAL TAXES, TRICHUR. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 5789 OF 2008 L ==================== Dated this the 22ndday of February, 2008 J U D G M E N T The challenge in this writ petition is against detention of certain electrical goods transported by the petitioner, the details of which are available in Exts. P1 and P2. 2. Learned Government Pleader on instruction submits that notice under Section 47(2) was issued through the driver of the lorry on 26/1/2008. It is also submitted that proceedings under 47(16) have already been initiated. 3. Learned counsel for the petitioner complains that none of these notices have been served on the petitioner. According to him, the delay in finalising the proceedings can result in damage to the goods itself. 4. Now that proceedings have been initiated as above, I do not think it proper for this court to direct the release of goods pending adjudication. However, having regard to the fact that WPC No.5789/08 :2 : the petitioner has a complaint that notices under Section 47(2) or under 47(16) have not been served on him, I direct that the petitioner shall approach the 1st respondent and the 1st respondent shall thereupon serve copies of the notices to the petitioner forthwith. On the basis of the notices so served, it will be open to the petitioner to file his reply and produce the documents. Thereafter enquiry into the matter shall be completed within two weeks. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE Rp