IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WA.No. 1424 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.25768/2011 Dated 29/09/2011 .................... APPELLANT/PETITIONER: -------------- KISHORE BAGAI TRANSPORT PRIVATE LIMITED, BYE PASS ROAD, KUTTANALLUR, THRISSUR-680 014, REP. BY ITS BRANCH MANAGER, T.SREEKUMAR. BY ADV. SRI.C.K.SREEJITH RESPONDENTS/RESPONDENTS: --------------- 1. THE INTELLIGENCE INSPECTOR, SQUAD NO.3, COMMERCIAL TAXES, MATTANCHERRY, MINI CIVIL STATION, ALUVA-680 001. 2. THE INTELLIGENCE OFFICER, SQUAD NO.3, COMMERCIAL TAXES, MATTANCHERY, MINI CIVIL STATION, ALUVA-680 001. 3. THE COMMERCIAL TAX OFFICER, COMMERCIAL TAX CHECK POST, WALAYAR-678 624. 4. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAX CHECK POST, WALAYAR-678 624. 5. THE GOVERNMENT OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF COMMERCIAL TAXES, THIRUVANANTHAPURAM-695 001. BY G.P. SRI.MOHAMMED RAFEEQ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.1424 of 2011 .................................................................... Dated this the 3rd day of October, 2011. JUDGMENT Ramachandran Nair, J. Appeal is filed against judgment of the learned Single Judge directing release of the ATM machine detained by the Check Post authority on appellant furnishing security, 50% by way of cash and balance by way of Bank Guarantee. Appellant is a transporter challenging the notice which was in fact issued to the consignee-Bank. Even though we do not find any ground to interfere with the judgment of the learned Single Judge, appellant is entitled to get the vehicle and the other goods released without furnishing any security. Since security is taken care of by taking over possession of the ATM transported, we allow the Writ Appeal by vacating the judgment of the learned Single Judge and dispose of the W.P.(C) with direction to the Check Post Officer to identify the space to unload and safely keep the ATM machine with the custody of the department. If appellant and the Bank do not furnish security and release the goods immediately, the W.A.NO.1424/2011 2 Check Post official will issue adjudication notice, hear the appellant and the Bank and complete the adjudication proceeding because department is not bound to take care of the machine on an indefinite basis. In other words, in the interest of the department, adjudication should be completed at the earliest, irrespective of whether goods are released or not. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms