IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17801 of 2009(U) -------------------------- PETITIONER: --------------- V.T. CHANDRAN, PROPRIETOR, M/S SREE MOOKABIKA TIMBERS, KARAKUNI, KARIAMBADY P.O., MEENANGADI, WAYANAD BY ADV. MR. BOBBY JOHN MR. P.N.DAMODARAN NAMBOODIRI RESPONDENTS --------------- 1. THE INTELLIGENCE INSPECTOR, SQUARD NO. I, COMMERCIAL TAXES, KALPETTA, WAYANAD 2. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, WAYANAD BY GOVERNMENT PLEADER MR. V.K. SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009 , THE COURT ON 25/06/2009 DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 17801 OF 2009 ----------------------------------- Dated this the 25th day of June, 2009 JUDGMENT The petitioner has approached this Court, aggrieved of the passion taken by the first respondent ,when the vehicle bearing No. KL 57 A 3492 in which some timber was being transported by the petitioner to his own godown in Karnataka was intercepted on 22.06.2009, which led to Ext.P6 proceedings observing various informities including under valuation. 2. The learned counsel appearing for the petitioner submits that, the timber concerned is substantiate quality as discernible from Ext.P10 photographs which proposition does not appear to be palatable to this Court even for such imagination. However, taking note of the facts and figures pointed out in the part of the petitioner and also after hearing the learned Government Pleader appearing on behalf of the respondent, there will be direction to the first respondent to release the vehicle as well as the goods to the petitioner on furnishing the Bank Guarantee for the requisite amount as covered by Ext.P6. It is made clear that, this however will be without prejudice to the rights of the first respondent in adjudicating the proceedings which shall be finalise as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of accordingly. (P.R.RAMACHANDRA MENON, JUDGE) WPC NO. 2 dnc