IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 28477 of 2009(D) --------------------------------------- PETITIONER: -------------------- KALYAN.V.N., AGED 34, S/O.SREENIVASAN, 2/368A, DELLI STREET, NAIDUTHOTTAM, PALAVAKKAM, CHENNAI. BY ADVS. MR.KKM.SHERIF, MR.LAL K.JOSEPH, MR.A.A.ZIYAD RAHMAN, MR.V.R.REKESH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF INFORMATION TECHNOLOGY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, INFOPARK, KAKKANADU, ERNAKULAM DISTRICT. 3. M/S.FAROOQ CONSTRUCTIONS, FATHIMA BUILDINGS, NORTH OF VAZHICHERY BRIDGE, ALAPPUZHA, REPRESENTED BY ITS MANAGING PARTNER. R1 BY SR. GOVT. PLEADER MR. P. N. SANTHOSH, R2 BY MR.G.S.REGHUNATH, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28477/2009-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE WORK ORDER PLACED BY THE ASHRITHA EARTH MOVER, CHENNAI DTD. 06/05/08. EXT.P.2: COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REG. NO.TN-09 AD 5551 DTD. 26/08/03. EXT.P.3: COPY OF THE WORK ORDER ISSUED BY THE R.3. IN FAVOUR OF THE SREE VENKATESWARA EARTH MOVERS, CHENNAI DTD. 25/03/2008. EXT.P.4: COPY OF THE COUNTER AFFIDAVIT DTD. 02/04/2009 FILED BY THE R.2. HEREIN IN W.P.(C).6642/2009. EXT.P.5: COPY OF THE INTERIM ORDER DTD. 03/04/2009 IN W.P.(C).NO.6642/2009. EXT.P.6: COPY OF THE REPORT FILED BY THE CIRCLE INSPECTOR OF POLICE, IN W.P. (C).6642/2009 ALONG WITH THE MEMO SUBMITTED BY THE GOVERNMENT PLEADER. EXT.P.7: COPY OF THE JUDGMENT DTD. 25/06/2009 IN W.P.(C).6642/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 28477 of 2009 - D ---------------------------------------- Dated 19th October, 2009 Judgment Heard Sri.Ziyad Rahman, the learned counsel appearing for the petitioner, Sri.P.N.Santhosh, the learned Government Pleader appearing for the State of Kerala and Sri.G.S.Raghunath, the learned counsel appearing for the second respondent. Though the third respondent has been served by special messenger, he has not chosen to appear. 2. The petitioner is the proprietor of Sree Venkateswara Earth Movers, Chennai. He had hired earth moving equipment from Ashritha Earth Movers, Chennai on a monthly rental of Rs.1,60,000/- and certain other conditions set out in Ext.P3. The said earth moving equipment was let out by him to the third respondent on a monthly rent of Rs.1,80,000/- per mensem. The third respondent had undertaken a work awarded by the second respondent. When disputes arose between the second and the third respondents, the work came to a standstill and the machinery brought by third respondent W.P.(C) No.28447/2009 2 to the work site was seized by the second respondent. It appears that along with the machinery hired out by the petitioner, a piece of machinery belonging to one Sri.Nagarajan was also likewise seized. Sri. Nagarajan thereupon filed W.P. (C) No.6642 of 2009 in this Court. In that writ petition, this Court passed Ext.P7 judgment directing the second respondent to release the vehicle to Sri.Nagarajan on the ground that as the vehicle does not belong to him, the second respondent cannot retain custody of his vehicle for the reason that there is no privity of contract between Sri.Nagarajan and the second respondent. In the light of Ext.P7 judgment of this Court and in view of the admitted fact that there is no privity of contract between the petitioner and the second respondent, the second respondent cannot retain possession of or custody of the earth moving equipment referred to in Ext.P4 certificate of registration. I accordingly dispose of this writ petition with a direction to the second respondent to release the vehicle described in Ext.P4 certificate of registration to the petitioner on the petitioner approaching the second respondent along with the W.P.(C) No.28447/2009 3 original of Ext.P4 certificate of registration and a certified copy of this judgment. The vehicle shall be released on the day the petitioner produces the certificate of registration along with a certified copy of this judgment. P.N.RAVINDRAN Judge vaa