IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 35160 of 2009(L) -------------------------- PETITIONER(S): --------------- M/S. ASHRITHA EARTH MOVERS, REP. BY ITS PROPRIETOR MADHUSOODANA REDDI, 18/A, MANTHOPPU COLONY, ASHOK NAGAR, CHENNAI, T.NAGAR. BY ADV. SMT.HUMERA MOHAMED ALI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INFORMATION TECHNOLOGY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, INFO PARK, KAKKANADU, ERNAKULAM DISTRICT. 3. M/S. FAROOK CONSTRUCTIONS, FATHIMA BUILDINGS, NORTH OF VAZHICHERRY BRIDGE, ALAPPUZHA, REPRESENTED BY ITS MANAGING PARTNER. * ADDL.R4 KALYAN V.N., 2/368A DELLI STREET, NAIDUTHOTTAM, PALAVAKKAM, CHENNAI (IMPLEADED AS ADDL.R4 AS PER ORDER DT.23/2/2010 IN IA.2303/2010. ADV. SRI.E.RAFEEK FOR R3 SRI.G.S.REGHUNATH FOR R2 SRI.P.A.AHAMED, SC, INFOPARKS FOR R2 GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REGISTRATION CERTIFICATE. P2 COPY OF THE POLICY CERTIFICATE P3 COPY OF THE WORK ORDER P4 COPY OF THE NOTICE DT 1.5.2009 P5 COPY OF THE REPLY NOTICE DT 10.6.2009 P6 COPY OF THE JUDGMENT IN WPC.6642/09. // True Copy // P.A. To Judge T.R.RAMACHANDRAN NAIR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 35160 of 2009 L ``````````````````````````````````````````````````````` Dated this the 23rd day of February, 2010 J U D G M E N T The petitioner is the registered owner of a Motor Grader Mitsubhishi MG3 bearing registration No.TN/09AD/5551. 2. There is an existing contract between the second and third respondents and subsequent disputes arose between them and in the light of the said disputes, claiming that the third respondent owes some amount, the second respondent detained the vehicle and now it is lying idle in the premises of Info Park, Kakkanadu for the past few months. It is in these circumstances, the petitioner has filed the writ petition seeking for a direction to the respondents to release the said vehicle to the petitioner. 3. Heard the learned counsel appearing for respondents 2 and 3. It is submitted by the learned counsel appearing for respondents 2 and 3 that the vehicle can be released to the petitioner. 4. In W.P.(C) No.28477/2009 filed by Mr.Kalyan V.N., there was a direction to the second respondent therein, namely the WPC.35160/09 : 2 : second respondent herein, to release the very same vehicle on production of the certificate of registration to the petitioner. It was also directed that the original documents should be produced for release of the vehicle. In IA.No.2303/2010, the petitioner therein has also been impleaded as additional 4th respondent and I have heard the learned counsel appearing for the additional 4th respondent also. It is submitted that the additional 4th respondent is only an agent of the petitioner and he has no objection to release the vehicle to the petitioner he being the registered owner. 5. There will be a direction to the second respondent to release the vehicle, namely Motor Grader Mitsubhishi MG3 bearing registration No.TN/09AD/5551, to the petitioner, within a period of one week on production of the documents relating to the vehicle, namely original of the registration certificate. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) aks