IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 24136 of 2011(N) --------------------------------------- PETITIONER(S): ---------------------- BABY MATHEW, PROPRIETOR, EAST LAND INDUSTRIES, MULLAKKANAN, RAJAKKAD, PIN-685 566. BY ADV. SRI.RAJU SEBASTIAN VADAKKEKKARA RESPONDENT(S): -------------------------- 1. THE COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CHECK POST, CUMBUMMETTU, IDUKKI DISTRICT-685 602. 2. THE COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CHECK POST, BODIMETTU, IDUKKI DISTRICT-685 602. 3. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY GOVT. PLEADER MR.SHAMSUDHEEN V.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, ALONG WITH WPC NO. 24631 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 24136 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF A DELIVERY NOTE DATED 22/8/2011 FOR TRANSPORTATION OF 590 K.G. OF CARDAMOM. EXT.P2 TRUE COPY OF A DELIVER NOTE DATED 1/9/2011 FOR TRANSPORTATION OF 300 K.G. OF CARDAMOM. EXT.P3 TRUE COPY OF JUDGMENT DATED 1/8/2011 IN WPC.1136/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs S.SIRI JAGAN, J. ================== W.P.(C).Nos.24136 & 24631 of 2011 ================== Dated this the 29th day of September, 2011 J U D G M E N T The petitioners are aggrieved by alleged refusal by the check post authorities to transport cardamom in quantities in excess of ten bags on the ground that the check posts do not have weigh bridge facilities. The petitioners, therefore, seek the following reliefs; W.P.(C).No. 24136/2011: “To issue a writ in the nature of mandamus or any other appropriate writ or order directing the respondents 1 and 2 to permit the available quantity of cardamom through those check posts without any limit if the transportation is supported by proper documents prescribed under the KVAT Act.” W.P.(C).No. 24631/2011: “Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to permit the petitioners to transport available quantity of spices through the 3rd respondent check post without any quantity limit provided the transportation is supported by proper documents prescribed under the KVAT Act.” The learned Government Pleader submits that in view of Ext.P3 judgment in W.P.(C).No.24136/2011, there is no restriction of quantity in the matter of transportation of cardamom through checkposts. This is recorded and the writ petitions are closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge