IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 16104 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------- NAVEEN CONSTRUCTION CORPORATION, NEAR RAILWAY GATE, EDAPPALLY, PONEKKARA, KOCHI-41, REPRESENTED BY ITS MANAGING PARTNER N.SUGATHAN. BY ADV. SRI.V.V.ASOKAN SRI.K.I.MAYANKUTTY MATHER SRI.K.S.SAJEEV KUMAR RESPONDENT(S): -------------------------- 1. SUPERINTENDENT (SIV), OFFICE OF DEPUTY COMMISSIONER OF CENTRAL EXCISE, SERVICE TAX DIVISION, KOCHI-17. 2. THE COMMISSIONER OF CENTRAL EXCISE, SERVICE TAX DIVISION, KATHRIKADAVU, KOCHI-17. BY ADV. SRI.SAIBY JOSE KIDANGOOR SRI.THOMAS MATHEW NELLIMOOTTIL,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.16104/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CIRCULAR NO.116/10/2009-ST, DATED 15/9/2009. P2 COPY OF THE REPLY GIVEN BY THE PETITIONER, DATED 2/4/2011. P3 COPY OF THE SEIZURE MAHAZAR AND ANNEXURE, DATED 8/6/2011. P4 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, DATED 8/6/2011. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE SUMMONS DATED 8/3/11. R1(B) COPY OF THE SUMMONS NO.C.NO.IV/12/59/2010-SIV DATED 17/3/11. R1(C) COPY OF THE SUMMONS NO.C.NO.IV/56/2010-SIV DATED 01/4/11. /TRUE COPY/ P.A.TO.JUDGE sts S.SIRI JAGAN, J. ================== W.P.(C).No. 16104 of 2011 ================== Dated this the 11th day of July, 2011 J U D G M E N T The petitioner's premises were searched by the 1st respondent- Superintendent of Central Excise, and certain documents were seized as per Ext.P3 mahazar. The petitioner submits that the documents are absolutely necessary for the business of the petitioner and, therefore, either the 1st respondent may be directed to return the seized documents or he may be directed to complete the proceedings pursuant to the seizure expeditiously. 2. I directed the learned counsel appearing for the respondents to get instructions as to within what time, the enquiry pursuant to seizure of the documents can be completed. The learned counsel today submits that photocopies of the documents referred to in annexure to Ext.P3 can be supplied to the petitioner on furnishing necessary charges and the proceedings pursuant to the seizure can be completed in six months. 3. In the above circumstances, this writ petition is disposed of with the following directions: The 1st respondent shall issue photocopies of the documents detailed in the annexure to Ext.P3 mahazar on payment of requisite charges within two weeks of payment of the charges. The 1st w.p.c.16104/11 2 respondent shall inform the petitioner the charges necessary for issuing photocopies of the documents within one week from today. Proceedings pursuant to the seizure of the documents shall be completed, as expeditiously as possible, at any rate, within six months from today. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge