IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 28126 of 2006(W) --------------------------------------- PETITIONER: -------------------- M/S. MAVANAL GRANITES PRIVATE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, K.G. MADHUSOODHANAN, `SREENIKETAN', KALANJOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENTS: ------------------------ 1. THE ADDITIONAL TAHSILDAR, SPECIAL SQUAD, KOTTARAKKARA. 2. THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION. 3. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 4. DIRECTOR OF MINING & GEOLOGY, KESAVADASAPURAM, PATTOM P.O.,THIRUVANANTHAPURAM-4. GOVERNMENT PLEADER FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28126/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE CASH MEMORANDUM IN FORM P. EXT.P2:- COPY OF THE MAHAZAR DT. 25.10.2006. EXT.P3:- COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE COMMERCIAL TAX OFFICER ADOOR. EXT.P:- COPY OF THE CERTIFICATE SHOWING THAT THE PETITIONER IS AN ASESSEE BORN ON THE ROLL ON THE COMMERCIAL TAX OFFICE ADOOR. EXT.P5:- COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT EVIDENCING THAT THE PETITIONER IS A REGISTERED UNIT. EXT.P6:- COPY OF THE REPRESENTATION BEFORE THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.28126 OF 2006 --------------------------------------- Dated this the 24th day of September, 2008. J U D G M E N T Challenge is on Exhibit P2 mahazar whereby the petitioner's vehicle along with metal chips therein was seized by the first respondent. One of the legal contentions taken in the writ petition is that the first respondent does not have jurisdiction. 2. This Court directed on 04.07.2008 to produce notification, if any, empowering the Additional Tahsildar. So far, the Government Pleader is not in a position to produce the same. There is no point in waiting any further since there is an interim order even since 27.10.2006. Therefore, Exhibit P2 is quashed without prejudice to the liberty to the competent authority, if so advised, to proceed with the matter, in accordance with law. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 28126 OF 2006 J U D G M E N T 24.09.2008