IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 18157 of 2006(J) ---------------------------------------- PETITIONER(S): ------------------------ K.K.IMPEX, 10/2, U.C.COLLEGE P.O., ALUVA-2, REPRESENTED BY PROPRIETOR MOHAMMED SAMMER K.S., U.C.COLLEGE, ALUVA, REPRESENTED BY POWER OF ATTORNEY HOLDER SHAFEEQUE AHAMMED, S/O. K.K.KAMMU,AGED 28, RESIDING KADAVAMTHODE, KURANNIYOOR P.O., CHAVAKKAD. BY ADV. SRI.N.D.PREMACHANDRAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA – REPRESENTED BY SECRETARY TO HEALTH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY MEMBER SECRETARY, REGIONAL OFFICE, GANDHI NAGAR, ERNAKULAM - 682 020. 3. THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE, GANDHI NAGAR, ERNAKULAM - 682 020. *ADDL.R4 IS IMPLEADED: R4. CHAIRMAN, SUPREME COURT MONITORING COMMITTEE, ROOM NO.927, PARIYAVARAM BHAVAN, CGO COMPLEX, LODHI ROAD, NEW DELHI – 110 003. IS IMPLEADED AS ADDL.R4 AS PER ORDER DTD. 27/07/06 IN I.A.NO.10270/06. GOVERNMENT PLEADER SRI. NOBLE MATHEW ADV. SRI. M.K.CHANDRAMOHAN DAS, SC, PCB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18157/2006 J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ANNEXURE TO THE LAST RETURN FILED BY THE PETITIONER SHOWING THE DETAILS OF SALES TAX PAID DURING THE ASSESSMENT YEAR 2004-05. EXT.P2: COPY OF THE COMMUNICATION DTD. 21/04/2006. EXT.P3: COPY OF THE REPLY DTD. 21/04/06. EXT.P4: COPY OF THE LETTER DTD. 6/05/2006. EXT.P5(A): COPY OF THE INVOICES FOR PURCHASING THE RUBBER PROCESS OIL DTD. 7/05/2006. EXT.P5(B): COPY OF THE INVOICES FOR PURCHASING THE RUBBER PROCESS OIL. EXT.P5(C): COPY OF THE INVOICES FOR PURCHASING THE RUBBER PROCESS OIL DTD. 28/04/2006. EXT.P6(A): COPY OF THE BILL OF ENTRY ALONG WITH THE CUSTOMS CLEARANCE AFTER PAYING CUSTOMS DUTY. EXT.P6(B): COPY OF THE BILL OF ENTRY ALONG WITH THE CUSTOMS CLEARANCE AFTER PAYING CUSTOMS DUTY DTD. 3/06/06. EXT.P6(C): COPY OF THE BILL OF ENTRY ALONG WITH THE CUSTOMS CLEARANCE AFTER PAYING CUSTOMS DUTY DTD. 5/06/2006. EXT.P7: COPY OF THE LETTER DTD. 16/05/2006. EXT.P8: COPY OF THE CERTIFICATE DTD. NIL. EXT.P9: COPY OF THE COMMUNICATION DTD. 1/06/2006. EXT.P10: COPY OF THE COMMUNICATION DTD. 1/06/2006. EXT.P11: COPY OF THE REPRESENTATION DTD. 16/05/2006. EXT.P12: COPY OF THE REPRESENTATION DTD. 29/05/2006. EXT.P13: COPY OF THE ANALYTICAL REPORT DTD. 8/06/06. EXT.P14: COPY OF THE ANALYTICAL REPORT DTD. 15/06/06. EXT.P15: COPY OF THE ANALYTICAL REPORT DTD. 8/06/06. EXT.P16: COPY OF THE REPRESENTATION DTD. 27/06/2006. /TRUE COPY/ P.S.TO JUDGE Kss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.18157 of 2006 ----------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT The writ petition is filed with the following prayers:- i. To issue a writ of certiorari or other appropriate writ, order or direction to quash Ext.P2. ii. to issue a writ of mandamus or other appropriate writ, order or direction directing the respondents not to keep the goods in continued custody in the light of Exts.P13, P14 and P15 Analytical reports submitted by the Government Analyst and P8 certificate produced by the petitioner. iii. To issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to release the goods kept by the petitioners in his godown from the purview of Ext.P2. There is already an interim order dated 24-8-2006. The writ petition is disposed of in terms of the said interim order. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.18157 of 2006 ----------------------------------- JUDGMENT 29th October, 2008