IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 36311 of 2008(W) -------------------------- PETITIONER: --------------- ANTONY MATHAI S/O.VARKEY MATHAI, PULICKAL HOUSE AMARAVATHI P.O.,IDUKKI DISTRICT. BY ADV. SRI.C.K.THANU PILLAI RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE KUMILI. 2. THE INTELLIGENCE INSPECTOR SQUAD NO.1 COMMERCIAL TAXES, IDUKKI AT KATTAPPANA. 3. THE INTELLIGENCE OFFICER SQUAD NO.1 COMMERCIAL TAXES, IDUKKI AT KATTAPPANA. 4. THE INSPECTING ASSISTANT COMMISSIONER (INTELLIGENCE) COMMERCIAL TAXES, IDUKKI AT NEDUMKANDOM. 5. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT SECRETAIRAT, THIRUVANANTHAPURAM-1. BY GOVERNMENT PLEADER ADV. MR. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 36311 OF 2008 ......................................................................... Dated this the 10th June, 2009 J U D G M E N T The autorikshaw bearing No. KL-6D/3178 in which the petitioner was admittedly transporting 280 Kgms. of Cardamom was intercepted at Kumili by the first respondent and was taken into custody for not having supported with valid documents. Pursuant to the further steps taken by the departmental authorities, the petitioner chose to submit before the first respondent that he did not have any objection to be filed and that he would like to remit the 'redemption fee' to be fixed by the departmental authorities . Accordingly, on the basis of the submission conceding the guilt, the authority proceeded to pass Ext. P7 order, whereby, the redemption fee of Rs.21,750/- was ordered to be paid for release of the goods and a sum of Rs.50,000/- was ordered to be paid for release of the vehicle. The petitioner has challenged the above proceedings in this Writ W.P.(C) No. 36311 OF 2008 2 Petition raising many a ground, legal as well as factual, referring to the alleged contravention of various provisions of law. 2. It is very much relevant to note that absolutely no averment has been raised in the Writ Petition to show that the petitioner had never agreed to have the matter redeemed, to release the vehicle as well as the goods and that the observation made by the fourth respondent in Ext.P7 to the contrary is quite wrong and perverse or that there is deliberate and malafide intention on the part of the said respondent in making such adverse entries. The admitted facts need not be proved and as such, no interference is called for. The Writ Petition fails and it is dismissed accordingly. P.R. RAMACHANDRA MENON, JUDGE. lk