IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 4252 of 2005(F) ------------------------------------ PETITIONER: ------------------- B.L.RUBBER INDUSTRIES(P) LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS HEAD AND REGISTERED OFFICE AT 7TH FLOOR, CHITRAKOOT BULDG., 230.A, A.J.C. BOSE ROAD, CALCUTTA-700 020 AND BRANCH AMONG OTHER PLACES, AT V/40, BAZAR ROAD, MATTANCHERRY, KOCHI-682 002 REP.BY ITS MANAGER/PRINCIPAL OFFICER, MR.ASHOK KUMAR KHURANA. BY ADV. SRI.P.K.RAVINDRAN PUZHANKARA, ADV. SMT.JAYASREE MANOJ. RESPONDENTS: ----------------------- 1. THE DEPUTY DIRECTOR (M.I), RUBBER BOARD, KOTTAYAM. 2. THE OFFICER-IN-CHARGE, RUBBER BOARD, CHECK POST, WALAYAR. 3. THE INSPECTING ASSISTANT COMMISSIONER, SALES TAX, WALAYAR. BY SPL. GOVT. PLEADER (TAXES) SRI. PRADEEP, ADV. SRI.JOSEPH KODIANTHARA, ADV. SRI.MITHUN MARKOS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4252/2005-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SPECIAL LICENCE BEARING REGISTRATION NO. D.2907193 DT. 11/05/1990 ISSUED BY THE RUBBER BOARD TO THE PETITIONER. EXT.P.2: COPY OF THE SAID ORDER FOR SUPPLY ISSUED VIDE LETTER DT. 25/01/2005 OF TIRUPATHI ENTERPRISES ADDRESSED TO THE PETITIONER. EXT.P.3: COPY OF THE SUPPLY ORDER NO. 222/04-05 DT. 29/01/2005 PLACED BY THE PETITIONER WITH M/S. HARRISON MALAYALAM LTD., WILLINGDON ISLAND. EXT.P.4: CP, INVOICE BEARING NO. CR 1343/2004-2005 DT. 31/01/2005 IN RESPECT OF 42 DRUMS (8526 LITRES) VALUED RS. 3,48,828/- RAISED BY M/S. HARRISON MALAYALAM LTD. ON TIRUPATHI ENTERPRISES. EXT.P.5: COPY OF THE NOTICE OF DETENTION BEARING NO. 1/13/04-05/CPW DT. 01/02/2005. EXT.P.6: COPY OF THE FAX DT. 03/02/2005 SENT DIRECT BY THE CONSIGNEE TO THE R.1. WITH COPY TO THE PETITIONER. EXT.P.7: COPY OF THE SPECIAL LICENCE BEARING REGISTRATION NO. D 0710470 DT. 11/10/1993 ISSUED BY THE RUBBER BOARD TO TIRUPATHI ENTERPRISES. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.4252 of 2005 ---------------------------------------------- Dated 18th July, 2008. J U D G M E N T Ext.P5 notice issued by the first respondent is under challenge. The issue pertains to the alleged detention of the vehicle on the ground that there was no supply order. Exts.P2 and P3 would show that there was a valid supply order. Petitioner may bring the same to the notice of the first respondent, in which case, appropriate action in the light of Exts.P2 and P3 will be taken with notice to the petitioner, within another three months. The fate of the bond executed by the petitioner pursuant to interim order dated 7.2.2005 will depend on the action thus taken by the first respondent. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.4252 of 2005 ---------------------------------------------- J U D G M E N T Dated 18th July, 2008.