Bk Enterprises vs The District Collector
2021 Latest Caselaw 4639 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                       WP(C).No.3281 OF 2021(I)

PETITIONERS:

      1        BK ENTERPRISES
               IX/284 B, POOPPANI, PERUMBAVOOR, ERNAKULAM DISTRICT,
               PINCODE - 683542, REPRESENTED BY ITS SOLE PROPRIETOR,
               SMT. SUSMOL SHABU, AGED 44 YEARS, W/O. SHABU,
               RESIDING AT VALIYAPURACKAL HOUSE, KADUVAL,
               PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683542.

      2        R. UMESH
               RAMACHANDRA 62, MUNIYAPPA COMPOUND, PIPELINE ROAD,
               N/R YELLAMMA TMPL, JP NAGAR, BANGALORE, KARNATAKA -
               560078.

               BY ADVS.
               SRI.P.M.POULOSE
               SRI.P.D.BROONO

RESPONDENTS:
       1     THE DISTRICT COLLECTOR, PALAKKAD
             COLLECTORATE, PALAKKAD, PALAKKAD DISTRICT, PIN -
             678001.

      2        THE ASSISTANT STATE TAX OFFICER
               SPECIAL SQUAD, STATE GST, PALAKKAD, PINCODE - 678001.

      3        THE PRINCIPAL AGRICULTURAL OFFICER
               KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD - 678013.

      4        THE AGRICULTURAL OFFICER
               KRISHI BHAVAN, PUTHUSSERY P. O., KANJIKODE - 678621.

      5        THE SUB INSPECTOR OF POLICE
               WALAYAR POLICE STATION, WALAYAR P. O., PALAKKAD
               DISTRICT, PINCODE - 678624.


               GP-THUSHARA JAMES .

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3281 OF 2021(I)

                                   2

                             JUDGMENT

Dated this the 9th day of February 2021

Heard the learned counsel for the petitioner. Learned counsel for

the petitioner drew my attention to Ext.P8 which is a communication

issued by the respondent Agricultural Officer. In this communication, it

is informed to the petitioner that the authorities of Goods and Service

Tax Department had intercepted the vehicle and found it to be

carrying nitrogenous compound. It is further informed by this

communication that this act of carrying nitrogenous compound in a

vehicle amounts to violation of the Fertilizer Control Order, 1985, so

also the Fertilizer Movement Order, 1983. The learned counsel for the

petitioner then drew my attention to the communication at Ext.P9

issued by the Collector, Palakkad, to the petitioner. By this

communication, the Collector has informed the petitioner that while

verification of the Goods Vehicle by the authorities under the Goods

and Service Tax Department at Walayar Check Post on 08/12/2020, it

is noticed that nitrogenous compound is being transported by the said

vehicle. It is further communicated that the vehicle was as such

entrusted to the Walayar Police Station with Mahazar report, invoice

etc prepared by the Principal Agricultural Officer. The Collector further

communicated to the petitioner that during verification of the Goods WP(C).No.3281 OF 2021(I)

Vehicle, it is found that there is transport of about 27 tonnes of

fertilizers for supplying the same to the petitioner by MN Enterprises,

Bangalore and this act is in violation of Rules. The petitioner was

therefore asked to furnish his explanation and details regarding

registration of firm before 31.12.2020. With the aid of these two

documents, the learned counsel for the petitioner argued that as yet,

there is no FIR and the vehicle is detained from 08/12/2020 and

therefore the same is required to be released. The communication at

Ext.P8 itself shows that the authorities of the State are alleging

violation of the Fertilizer Control Order 1985 as well as the Fertilizer

Movement Order, 1983. The vehicle is accordingly entrusted to the

Walayar Police Station and the District Collector is to initiate the steps

for prosecuting the suspect in commission of this crime.

In the light of averments made in the communication at Exts.P8

and P9, the vehicle cannot be released by exercising writ jurisdiction

by this Court. The remedy of the petitioner lies else where. The

petition is accordingly dismissed.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.3281 OF 2021(I)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE INVOICE NO.ME 007 DATED 07.12.2020 ISSUED BY MN ENTERPRISES.

EXHIBIT P2 TRUE COPY OF THE INVOICE ME 008 DATED 07.12.2020 ISSUED BY MN ENTERPRISES.

EXHIBIT P3 TRUE COPY OF THE E WAY BILL NO.1012 7680 0546 DATED 07.12.2020 ISSUED TO 1ST PETITIONER.

EXHIBIT P4 TRUE COPY OF THE E WAY BILL NO.1812 7680 0991 DATED 07.12.2020 ISSUED TO 1ST PETITIONER.

EXHIBIT P5 TRUE COPY OF THE FORM GST MOV 01.

EXHIBIT P6 TRUE COPY OF THE FORM GST MOV 02.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 01.01.2021 SENT BY 2ND PETITIONER TO THE DISTRICT COLLECTOR, PALAKKAD.

EXHIBIT P7 (a) TRUE ENGLISH TRANSLATION OF EXHIBIT P7.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 04.01.2021 SERVED ON THE DRIVER OF THE VEHICLE SRI EJAS PASA BY 4TH RESPONDENT.

EXHIBIT P8(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P8.

EXHIBIT P9 TRUE COPY OF THE FILE NO.DCPKD/11463/2020-

D7 DATED NIL ISSUED TO THE 1ST PETITIONER BY THE 1ST RESPONDENT DISTRICT COLLECTOR.

EXHIBIT P9(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P9.

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 22.01.2021 SENT BY 1ST PETITIONER TO THE 1ST RESPONDENT DISTRICT COLLECTOR.