IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 W.P.(C).No. 5728 of 2008-(F) ------------------------- PETITIONER: ---------- SRI.EMMANUEL MATHEW, PROPRIETOR - PREMIER TIMBER TRADERS NH-17, EDASSERY P.O., THALIKULAM, THRISSUR DISTRICT. BY ADV. SRI.E.P.GOVINDAN RESPONDENTS: ------------- 1. INTELLIGENCE INSPECTOR, INTELLIGENCE SQUAD NO.II,COMMERCIAL TAXES,THRISSUR 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 5728 OF 2008 F = = = = = = = = = = = = = = = = Dated this the 21st day of February, 2008 J U D G M E N T The detention of timber transported by the petitioner is under challenge. The irregularity noticed in Ext.P1 is regarding the lack of measurement of the timber and the absence of details of the seller. Petitioner submits that the timber was purchased from various places and that it was being transported on the strength of valid documents. However, that does not justify the absence of measurement or other particulars in the documents accompanying the consignment. Therefore, prima facie there is nothing irregular in the action taken by the respondents. Petitioner submits that he is a registered dealer. Despite this, in view of the irregularities noticed, I direct that pending adjudication into the irregularities noticed in Ext. P1 if the petitioner furnishes bank guarantee for the amount mentioned in Ext. P1 the goods will be released to the petitioner subject to the adjudication that is to be completed. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE jan/-