High CourtsSingle Bench(2021) 12 KL CK 0141

Vinayaka Granites vs Shijo Koshy

High Court Of Kerala · Decided on 17 December 2021

HON’BLE JUDGES
T.R.Ravi, J
RESULT
Allowed
CASE NUMBER
Review Petition Nos. 900, 905 Of 2021

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Judgment

4 paragraphs · 295 words

T.R.Ravi, J.

1.

The petitioner has filed these Review Petitions being aggrieved by the direction issued in the order dated 29.11.2021 whereby it was directed that no transit pass is to be issued with respect to M-sand, till the matter is heard by the Bench hearing the contempt case. The review petitioner has produced Annexures A1 to A3 along with the Review Petition and Annexure A4 as an additional document to show that registration certificate has been issued in the name of Sri.Anil Kumar, a partner of M/s. Vinayaka Granites granting permission to deal in Granite Building Stone (aggregates). It is contended that the review petitioner is not able to deal in Granite Building Stone (aggregates) also, since no transit pass is being issued for that commodity stating the interim order dated 29.11.2021 as the reason. A contention was raised that Annexures A1 and A2 are issued in the name of Sri.Anil Kumar and there is no material before this Court to show the link between Anil Kumar and Vinayaka Granites. The review petitioner has thereafter produced the partnership deed as Annexure A4 which shows that Anil Kumar is a partner.

2.

In the light of the above documents, the review petitions are allowed, making it clear that the direction not to issue transit pass is only regarding M-Sand and the transit passes which are to be issued should clearly state that it is for the purpose of transporting Granite Building Stone (aggregates). The review petitioner has undertaken before this Court that he does not intend to deal in M-Sand for the present and the said undertaking is recorded.

The 2nd respondent in WP(C)No.24388/2021 shall periodically inspect the premises of the petitioner for the purpose of ascertaining that the petitioner is not dealing in M-Sand.