IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 22970 of 2011(U) -------------------------- PETITIONER: --------------- VINESH,S/O.VIJAYAN,AGED 32 YEARS, VIJAYA BHAVAN,PONNEDUTHAMVILA PAROORKUZHY, VEDIVACHANCOIL,PALLICHAL. BY ADV. SRI.R.T.PRADEEP SRI.SREEKANTH S.NAIR RESPONDENT: -------------------- INTELLIGENCE INSPECTOR,COMMERCIAL TAX INTELLIGENCE OFFICE , INTELLIGENCE SQUAD NO.3, THIRUVANANTHAPURAM AT NEYYATTINKARA,PIN-698018. BY GOVT.PLEADER SHRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.22970/11 PETITIONER'S EXTS: EXT.P1: COPY OF CERTIFICATE OF REGISTRATION DT.7.12.95 OF KL.07/L-1384. EXT.P2: COPY OF DRIVING LICENCE OF THE PETITIONER. EXT.P3: COPY OF NOTICE DT.17.8.11. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.22970 Of 2011-U -------------------------------------------------- DATED THIS THE 24th DAY OF AUGUST, 2011 J U D G M E N T The petitioner is the driver of a heavy goods vehicle bearing Registration No.KL.07/L-1384. The registered owner of the vehicle was his father. Exhibit P1 is the copy of the Registration Certificate. Exhibit P2 is the copy of the driving licence issued to the petitioner. 2. The vehicle which was carrying an excavator was intercepted by the respondent on 17.8.2011 and it was taken to the check post at Amaravila and is now detained there. A notice under Section 47(2) of the Kerala Value Added Tax Act, 2003 has been issued to the registered owner of the excavator as evident from Exhibit P3. 3. It is pointed out by the learned counsel for the petitioner that the petitioner has nothing to do with the ownership of the excavator and as far as the petitioner is concerned, the lorry was arranged for hire for transporting the excavator by one Sri Vijayan. W.P.(C)No.22970/11 -2- 4. Seeking for the release of the lorry, this Writ Petition has been filed. 5. The learned Government Pleader on getting instructions submitted that no proceedings have been initiated against the petitioner. 6. There will be a direction to the respondent to release the lorry bearing Registration No.KL.07/L-1384 to the petitioner on the petitioner approaching the respondent and after unloading the excavator. The petitioner shall meet the expenses for unloading the excavator. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn