IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 19380 of 2009(N) -------------------------- PETITIONER: --------------- BASHEER, S/O. ANTHRU, THEKKEVEETTIL HOUSE, RANDAR, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.BOBBY JOHN SRI.P.N.DAMODARAN NAMBOODIRI RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE MUVATTUPUZHA. 2. THE CIRCLE INSPECTOR OF POLICE MUVATTUPUZHA. 3. THE INTELLINGENCE OFFICER COMMERCIAL TAX OFFICER, IDUKKI AT THODUPUZHA. GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 19380 OF 2009 = = = = = = = = = = = = = = = = DATED THIS, THE 17TH DAY OF JULY, 2009. J U D G M E N T Raman, J. Petitioner is stated to be the owner of the vehicle No. KL 01 Q 2329, a mini lorry. He is aggrieved by the harassment allegedly caused by the police authorities. It is admitted that he received a notice from the third respondent proposing to impose a penalty under Section 67(1) of the Kerala Value Added Tax Act. According to him, he has submitted his reply and the matter is pending adjudication. But officials under Respondents 1 and 2 are visiting the house of the petitioner on and off and requiring him to produce the vehicle in the nearest police station. Hence this writ petition. 2. The learned Government Pleader, on instruction from the third respondent submitted that the vehicle was intercepted and stopped by the Squad for checking since it was full load of undressed Jackwood Timber Logs, that when the vehicle was stopped, the companion of the driver approached the squad and who was directed to produce the documents accompanied with the transportation of the goods, that he stated that there was no such documents and thereafter he walked towards the vehicle and entered the vehicle and the driver drove away the vehicle. He has further WP(C) 19380/2009 :2: stated that the offence committed by the petitioner are punishable under various provisions of the KVAT Act. 3. Since no relief is claimed against the third respondent and the proposed action, if any, being a separate matter, the only question is whether under the guise of any such action and in the absence of any complaint from the third respondent, police officers are harassing the petitioner as alleged. It is submitted by the learned Government Pleader that a complaint has been made before the Moovattupuzha Police Station . If, pursuant to any such complaint received, any inquiry or investigation is undergoing, it may be done in accordance with law, after issuing a notice to the petitioner requiring his presence for such questioning or interrogation. In case the petitioner is not responding to such notice, it is open to the authorities to take such steps strictly in accordance with law. The writ petition, with the above direction, is closed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-