IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 22249 of 2008(W) ----------------------------------------------- PETITIONERS: -------------------- 1. THULASIDHARAN NAIR, M/S.PRIYA CASHEW TRADERS, KILIKOLLOOR USHMANDIRAM, SANTHI NAGAR, KANNIMELCHERRY, KILIKOLLOOR, KOLLAM - 4. 2. ANITHA, M/S.PRIYA CASHEW TRADERS, USHMANDIRAM, SANTHINAGAR, KANNIMELCHERRY, KILIKOLLOOR, KOLLAM 4. BY ADV. SRI.AJITH KRISHNAN RESPONDENTS: ----------------------- 1. INTELLIGENCE OFFICER, SQUAD NO.II, KERALA COMMERCIAL TAXES, KOTTARAKKARA. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TAXES DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 22249 OF 2008 W -------------------------------------- Dated this the 14th August, 2008 JUDGMENT Petitioners seek a mandamus to release the articles and cashew nuts taken from their premises and also a direction to drop all the proceedings against the petitioners. A Statement is filed, inter alia, contending that action in this case was taken on the basis of an inspection conducted under the Unregistered Cashew Nut Factories Prohibition Act, 1967 and that it was found that different type of cashew nuts and utensils were used for processing of cashew nuts which were seized from the factory and the matter was made over to the Judicial First Class Magistrate Court I, Kollam. The Revenue Divisional Officer has also ordered to sell the cashew nuts to the Kerala State Cashew Development Corporation Ltd., Kollam after certifying the inventory. It is also stated that the petitioners have approached this Court after one month after the raid conducted on 19,.6.2008. It is further stated therein that the petitioner can WPC.22249/08 W 2 seek remedy before the Judicial First Class Magistrate Court I, Kollam. In such circumstances, the Writ Petition is disposed of relegating the petitioner to pursue the remedy available to them in the appropriate forum. Sd/= K. M. JOSEPH, JUDGE kbk. //True Copy// PS to Judge