IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 W.P.(C).No. 7192 of 2008(F) --------------------------------- PETITIONER: -------------- M/S.FASHION MARBLES AND GRANITES COMPANY (P) LTD., S.A.ROAD, VYTTILA, KOCHI REPRESENTED BY ITS DIRECTOR, MR.R.R.MAHESWARI. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TAXES, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT COMMISSIONER, SPECIAL CIRCLE III, COMMERCIAL TAXES DEPARTMENT, ERNAKULAM. 3. THE COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CHECK POST, WALAYAR. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 7192 OF 2008 F = = = = = = = = = = = = = = = = Dated this the 4th March, 2008 J U D G M E N T By Exts. P3 and P4, a consignment of granite was detained at the check post and the irregularity noticed is regarding the quantity transported. It is in view of this, the consignment was detained and security has been demanded from the petitioner. 2. In order to resolve the issue an ascertainment of the actual quantity transported by the petitioner is what is called for. Various suggestions were considered and finally the learned Govt. Pleader today submits that the respondents themselves will make arrangements for measuring the actual quantity. 3. Accordingly, I dispose of this writ petition with the following directions: That the 3rd respondent shall arrange for measuring the quantity of the granite transported by the petitioner and detained as per Exts. P3 and P4. This shall be done with notice to the petitioner W.P.(C) No. 7192 OF 2008 - 2 - and as expeditiously as possible, at any rate within a week of production of a copy of this judgment. Thereafter, depending upon the quantity so assessed, further orders on the request for the release of the consignment can be passed by the 3rd respondent himself. ANTONY DOMINIC JUDGE jan/-