IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 6325 of 2008(C) -------------------------------------------- PETITIONER: ------------------ M/S. ROYAL CHICKENS, MAIN ROAD, MAHE, REPRESENTED BY PROPRIETOR, DILEEP KUMAR K.T.K., S/O. K.T.K.SOMAN, AGED 27 YEARS, RESIDING AT PUTHENKANDIYIL HOUSE, AZHIYOOR P.O., VATAKARA TALUK. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: ---------------------- 1. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, PALAKKAD. 2. THE SALES TAX INSPECTOR, SALES TAX CHECK POST, GOPALAPURAM, PALAKKAD DISTRICT. 3. THE SALES TAX INSPECTOR, SALES TAX CHECK POST, WALAYAR, PALAKKAD DISTRICT. 4. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. ADDL. 5. THE SALES TAX INSPECTOR, SALES TAX CHECK POST, NADUPUNNI, PALAKKAD DISTRICT. (ADDITIONAL FIFTH RESPONDENT IS IMPLEADED AS PER ORDER DATED 3.3.2008 IN IA NO.3129/08.) BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 6325 OF 2008 C -------------------------------------- Dated this the 26th May, 2007 JUDGMENT Petitioner is doing business in chicken. According to him, he purchases chicken from the hatcheries from Tamil Nadu and the goods have been transported through the State of Kerala for being delivered in Mahe. According to counsel for petitioner, if transit passes are issued through the check-post coming under respondents 1 and 2, petitioner could save time and the chicken from being died, as there is comparatively little vehicles entering through the check-post under respondents 1 and 2. But, the petitioner was told that he has to get the transit pass from the check-post at Walayar coming under the third respondent. Petitioner is put to loss, it is stated. Petitioner relies on Ext.P3 Judgment of this Court wherein the petitioner was directed to be issued with transit passes for transporting chicken to Mahe through any check-post as the petitioner likes. It is further stated that all other chicken dealers in Mahe are allowed WPC. 6325/08 2 to take their trucks carrying live chicken through Gopalapuram check-post in order to avoid heavy traffic and loss of checken died due to heavy heat, and the petitioner alone is now singled out. Subsequent to the filing of the Writ Petition, the petitioner has filed an application to implead the fifth respondent, namely the Sales Tax Inspector, Sales Tax Check Post, Nadupunni, Palakkad District. Counsel for petitioner submits that it is only a mistake that reference is made to Sales Tax Inspector. In the Sales Tax Check Post, Nadupunni, Palakkad District also the petitioner has met the same response, it is stated. The application for impleading was allowed. 2. I heard the learned counsel for petitioner and also the learned Government Pleader. Counsel for petitioner submits that the petitioner is entitled to take the product under the Rules by way of getting transit pass from any check post. Petitioner relies on Ext.P3 Judgment. Government Pleader submits that if the petitioner files an application for transit pass accompanied by the necessary documents provided under the Act and the WPC. 6325/08 3 Rules before respondents 1, 2 and 5, necessary transit passes will be issued to the petitioner in accordance with law. In the light of the said submission, the Writ Petition is disposed of recording the submission of the Government Pleader and with a direction to respondents 1, 2 and 5 that if the petitioner submits application accompanied by necessary documents as required under the Act and the Rules, transit passes as contemplated in law will be issued to petitioner in accordance with law. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge