IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 WP(C).No. 36536 of 2007(Y) ---------------------------------------- PETITIONER: --------------------- N.SATHURAPPAN, PARTNER, SRI. BALAJI CONSTRUCTIONS, 4/52, MKM COMPLEX, MARIAMMAN KOIL STREET, SIVATHANGAL, CHENNAI-69. BY ADV. SRI.T.V.GEORGE SRI.K.N.BALACHANDRA KAIMAL RESPONDENTS: ------------------------- 1. THE COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CHECK POST, WALAYAR. 2. COMMERCIAL TAX OFFICER, COMMERCIAL TAX CHECK POST, WALAYAR. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAX CHECK POST, WALAYAR. 4. GOVERNMENT OF KERALA, REPRESENTED BY THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. *ADDL.R5 IS IMPLEADED: R5. M/S. IVRCL INFRASTRUCTURE & PROJECTS LTD., EZHIMALA, RAMANTHALI, PAYYANNUR, KANNUR. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD.19/12/2007 IN I.A.NO.16893/07) R1-R4 BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN R5 BY ADV. SMT.SADHANA KUMARI ESWARI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36536/2007 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF PARTNERSHIP DEED OF THE PETITIONER. EXT.P2: COPY OF LETTER FROM CONSIGNEE. EXT.P3: COPY OF REGISTRATION CERTIFICATE OF CONSIGNEE. EXT.P4: COPY OF NOTICE OR NO.2020/01/07-08 DTD. 4/12/07. EXT.P5: COPY OF REPRESENTATION OF THE PETITIONER. 5TH RESPONDENT'S EXHIBIT: EXT.R5(A): COPY OF CERTIFICATE OF REGISTRATION ISSUED AS PER KERALA VALUE ADDED TAX RULES, 05 BY THE COMMERCIAL TAX OFFICER, WORKS CONTRACT & LT ERNAKULAM DTD. 6/08/07. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 36536 of 2007 ------------------------------------- Dated: January 7, 2008 JUDGMENT Detention of a hydraulic excavator by Ext.P4 order is under challenge. Petitioner submits that it was brought for executing certain work for the additional 5th respondent. 2. Additional 5th respondent appearing through counsel submits that in view of the delay in making available the excavator, they had made alternate arrangements and that they do not need the excavator any more. In view of this the petitioner prays that they may be permitted to take the excavator back to Chennai. 3. In the circumstances, I direct that the excavator under detention will be released to the petitioner in order to enable the petitioner to take it back to its own place. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Issue copy today itself. WP(C) Page numbers mt/-