IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S. SIRI JAGAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 31544 of 2011(P) ------------------------------------ PETITIONER(S): ---------------------- M/S. KAIRALI GRANITES, N.H.BYE PASS VYTTILA KOCHI. REPRESENTED BY ITS PROPRIETOR, MR. V. R. NARAYANAN EMBRAN. BY ADVS. SRI.K.SRIKUMAR SRI.K.MANOJ CHANDRAN SRI.P.R.AJITHKUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY DEPARTMENT OF FINANCE SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM-695 001. 3. DEPUTY COMMISSIONER(GENERAL) DEPARTMENT OF COMMERCIAL TAXES, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY GOVT. PLEADER SMT. SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DCS WP(C) NO. 31544/2011(P) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 COPY OF THE RELEVANT EXTRACT OF TARIFF PRESCRIBED FOR THE PURPOSE OF THE CENTRAL EXCISE DUTY. EXHIBIT P2 COPY OF THE DETENTION NOTICE DATED 18-10-2004 EXHIBIT P2A COPY OF THE DETENTION NOTICE DATED 07-09-2005 EXHIBIT P2B COPY OF THE DETENTION NOTICE DATED 11-12-2005 EXHIBIT P2C COPY OF THE DETENTION NOTICE DATED 12-07-2011. EXHIBIT P2D COPY OF THE DETENTION NOTICE DATED 12-07-2011. EXHIBIT P2E COPY OF THE DETENTION NOTICE DATED 13-07-2011. EXHIBIT P3 COPY OF THE REPRESENTATION DATED 29-07-2011. EXHIBIT P4 COPY OF THE REPRESENTATION DATED 17-08-2010. EXHIBIT P5 COPY OF THE REPRESENTATION DATED 09-07-2011. RESPONDENTS' EXHIBITS :- NIL / TRUE COPY/ P.S. TO JUDGE DCS S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.31544 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2011 J U D G M E N T The petitioner is a dealer in marble and granite which are natural stones obtained from quarries. They are transported in slabs in natural form with uneven edges and broken edges. Therefore, naturally they cannot measure the size of the products exactly. They always measure the size after leaving out the uneven and shapeless edges which necessarily has to be cut off for use in construction of buildings. Such measurement is refused to be accepted by the check post authorities when they check the transports of such marble and granite by the petitioner. In view of the said circumstances, according to the petitioner, it is only appropriate that the Government issues appropriate guidelines regarding the manner of measuring such slabs to avoid any inconvenience to the transporters as well as the check post authorities. Seeking this relief, the petitioner has W.P.(C)No.31544 of 2011 -2- filed Exts.P3 & P4 representations before the 2nd respondent. The petitioner seeks a direction to the 2nd respondent to consider and pass orders on Exts.P3 & P4 expeditiously. Having heard the learned Government Pleader also, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Exts.P3 & P4, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/