IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 5742 of 2008(H) ------------------------- PETITIONER: ------------ B. RAJAN PILLAI, PROPRIETOR, SIVA SHAMBOO EARTH MOVERS, EDACKODU, CHADAYAMANGALAM P.O., KOTTARAKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ------------- THE SALES TAX INSPECTOR, SALES TAX CHECK POST, KARUKUTTY. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P. (C) No. 5742 OF 2008 H = = = = = = = = = = = = = = Dated this the 21st day of February, 2008 J U D G M E N T Petitioner is aggrieved by Ext. P4 by which a JCB owned by the petitioner and transported to Ratnagiri in Maharashtra has been detained at the check post. It would appear that the reason for detention is that the consignment was not accompanied by delivery note, purchase bill, etc. Petitioner has produced Ext. P1, invoice purchasing the JCB and also Ext.P2, registration particulars which indicate that the JCB was registered in his name. On receipt of Ext. P4 detention order petitioner has also given Ext.P5 reply wherein he has contended that the requirement of Form 16 is not applicable to the case in question. Counsel for the petitioner also argues that the JCB was being transported for execution of certain works of which the petitioner is the contractor. In view of all these, I feel that the petitioner deserves to get released the JCB on execution of a W.P.(C) No. 5742 OF 2008 - 2 - bond without sureties although he is not a registered dealer. The JCB detained by Ext.P4 shall be released to the petitioner on execution of a bond without surety. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-