IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 24006 of 2008(G) -------------------------- PETITIONER: ------------ M.CHANDRASEKHAR, S/O MURUGAN,97, KISHNAGIRI BYE PASS ROAD, DHARMAPURI DISTRICT, PIN 636 701, TAMIL NADU. BY ADV. SRI.SURIN GEORGE IPE RESPONDENTS: ------------- 1. THE COMMERCIAL TAX OFFICER, WALAYAR CHECK POST, WALAYAR, PALAKKAD. 2. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER ADV.SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 24006 OF 2008 G ```````````````````````````````````````````````````` Dated this the 11th day of August, 2008 J U D G M E N T Petitioner seeks a direction to issue a fresh token and release the lorry bearing number KA-35C/2255 which is detained from 4.8.2008 onwards forthwith from Walayar check post. Case of the petitioner in brief is as follows. Petitioner is the driver of lorry bearing No.KA-35C/2255. A random load of granite slabs were transported from Bangalore to Trichur. The petitioner remitted tax as per Ext.P2 notice and check post gate token was issued to him by the 1st respondent. But, the token has been lost from the hands of the petitioner in the check post cabin itself. According to the petitioner, he intimated the matter to the 1st respondent and Walayar Check Post Police Station. But, it could not be recovered. In such circumstances, he seeks a fresh token and release of the lorry. 2. I heard learned Government Pleader also. WPC.24006/08 : 2 : Learned Government Pleader submits that no intimation was given by the petitioner. Learned Government Pleader submits that if the petitioner is prepared to execute an indemnity bond of Rs.10 lakhs, new token will be issued. Writ petition is disposed of as follows. If the petitioner executes an indemnity bond for Rs.10 lakhs, a fresh token will be issued to him for release of the lorry bearing No.KA-35C/2255 forthwith. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE