IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 26750 of 2009(K) -------------------------- PETITIONER(S) :- ------------------------- 1. M.KAREEM, PROPRIETOR, M.K.TRADERS, HILL PRODUCE DEALER, N.P.IX/639, KALLAR P.O., THOOKKUPALAM, PIN-685 552. 2. V.M.SHAHUL HAMEED, HILL PRODUCE DEALER, KOOTTAR P.O., IDUKKI. 3. MOHAMMED BASHEER, PROPRIETOR, ELAPPUNGAL TRADERS, K.P.6/673, KOOTTAR P.O., IDUKKI. 4. O.S.IBRAHIM, HILL PRODUCE DEALER, KALLAR P.O., THOOKKUPALAM. BY ADV. SRI.V.V.ASOKAN SRI.K.I.MAYANKUTTY MATHER RESPONDENT(S) :- --------------------------- 1. COMMISSIONER, COMMERCIAL TAXES, THIRUVANANTHAPURAM. 2. DEPUTY COMMISSIONER (INTELLIGENCE), THIRUVANANTHAPURAM. 3. INSPECTING ASSISTANT COMMISSIONER (INTELLIGENCE) NEDUMKANDAM, IDUKKI. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. INTELLIGENCE OFFICER, CUMBUMMEDU CHECK POST, CUMBUMMEDU. 6. INTELLIGENCE OFFICER, KUMALI CHECK POST, KUMALI. GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011, ALONG WITH WPC NO. 11336 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.26750 OF 2009 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the draft eye sketch to explain the route map. Ext.P2 :- Copy of the request made by the 1st petitioner. Ext.P2(a) :- Copy of the reply given by the 3rd respondent. Ext.P3 :- Copy of the Circular No.12/2009. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge S.SIRI JAGAN, J. ------------------------------------- WP(C) Nos.26750 of 2009 & 11336 of 2011 -------------------------------------- Dated this the 1st day of August, 2011 JUDGMENT Petitioners in these two writ petitions are aggrieved by the restriction imposed by the respondents in the matter of transportation of hills produce. The restriction is to the effect that if the quantity of hill produce transported is more than ten bags, it shall be transported only through a particular check post. The reason stated is that in the other check posts, there is no weighbridge facility. According to the petitioner, in so far as the constitution provides that interstate trade shall be free throughout India the respondents cannot for their convenience make such arbitrary restrictions which are not supported by any legal provisions. 2. The contention of the learned Government Pleader is that this restriction has been imposed on the transporters to prevent evasion of tax. According to the respondents, circulars have been issued to the effect that hills produce of quantity of ten bags or above shall be transported only through a check post where there is facility of weighbridge. WP(C) Nos.26750 of 2009 & 11336 of 2011 : 2 : 3. I have considered rival contentions in detail. Certainly prevention of attempt to evade tax is the cardinal duty of the State. But while taking such measures, the State cannot violate the fundamental rights of the citizens. A citizen of India has a fundamental right to transport goods in accordance with law through any check post unless the law prohibits the same. Simply because the Government cannot provide weigh bridges in the check posts, the respondents cannot insist that the hills produce shall be transported only through a particular check post where there is a weighbridge. In the above circumstances, these writ petitions are disposed of directing the respondents to permit the petitioners to transport hills produce of any quantity through any check post provided the petitioners comply with all statutory provisions in respect thereof, without any condition that if the quantity exceeds ten bags, it shall be transported only through a particular check post. Writ petitions are disposed of as above. S.SIRI JAGAN JUDGE dmb