IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 11047 of 2004(M) -------------------------- PETITIONER: --------------- M/S. TREND TEXTILES LTD., FLAT NO.1A SUMMER CASTLE APPARTMENTS, OFF: NH 47, DESOM P.O., ALUVA, ERNAKULAM DISTRICT, REPRESENTED BY ITS AUTHORISED SIGNATORY SMT. M.C.JALAJAKUMARI. BY ADV. MR. V.P.SUKUMAR MR. KURYAN THOMAS RESPONDENTS: --------------- 1. THE ADDITIONAL SALES TAX OFFICER, IIND CIRCLE, KALAMASSERY, PALARIVATTOM, COCHIN-25. 2. THE DEPUTY COMMISSIONER OF CUSTOMS COCHIN SPECIAL ECONOMIC ZONE, KAKKANAD, COCHIN-37 R1 BY GOVERNMENT PLEADER MR. V.K. SHAMSUDHEEN R2 BY ADV. MR. JOHN VARGHESE, SCGSC MR. THOMAS MATHEW NELLIMOOTTIL,SR.PANEL F THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON 01/12/2010 DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 11047 OF 2004 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 1st day of December, 2010 JUDGMENT The petitioner has approached this Court with the following prayers : i, to issue a writ in the nature of mandamus or any other appropriate writ or order directing the 2nd respondent to issue a certificate showing the details of export of ready made garments effected by the petitioner in the years 1998 - '99, 1999 - '00 and 2000 - '01 within a time limit to be fixed by this Hon'ble Court: ii. to issue a writ in the nature of mandamus or any other appropriate writ or order directing the 1st respondent not to initiate coercive steps against the petitioner company or its Directors to realize the tax assessed in Exts. P8 and P9 assessment order atleast for a period of three months in order to enable the petitioner to file appeal against Exts. P8 and P9 assessment orders after obtaining certificates in proof of export from the 2nd respondent. iii. to pass such other orders as this Hon'ble Court deems justified in the facts and circumstances of the case And iv. to award cost of this proceedings to the petitioner. 2. The respondents have filed a detailed statement rebutting the averments and allegations raised in the Writ Petition. However, an W.P. (C) No. 11047 OF 2004 2 additional statement dated 20th January, 2010 has been filed by the second respondent, wherein it is stated in paragraph No.3 are as follows : 3. It is humbly submitted that the certificate could not be furnished as the petitioner unit failed to produce the relevant records for verification, confirmation and certification. However, considering the prolonged litigation, with great efforts the 2nd respondent has with the available records in the office has complied the required details and the same has been certified. True copy of the same is produced herewith and marked as Ext. R2(a). 3 . In view of the contents of the said additional statement and the copy of the relevant documents produced and marked as Ext. R2(a) the grievance of the petitioner stands substantially redressed. In the above circumstances, no further orders are called for and the Writ Petition is disposed of acordingly. P. R. RAMACHANDRA MENON, JUDGE kmd