IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 25607 of 2008(W) ----------------------------------------------- PETITIONER: ------------------ SAM JOHN, AMPURETHU VILLA, PALLARIMANGALAM P.O., NORTH MANKUZHI, MAVELIKKARA. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: ----------------------- 1. THE COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CHECK POST, WALAYAR. 2. THE COMMERCIAL TAX OFFICER, MAVELIKKARA. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 25607 OF 2008 W -------------------------------------- Dated this the 28th August, 2008 JUDGMENT Petitioner challenges Ext.P5. By Ext.P5, the first respondent has detained the mobile crane, according to petitioner, which belongs to him. Petitioner has produced Ext.P1 driving licence, P2 Invoice dated 4.8.2008 and P2(a) Certificate of Registration. It is contended that he has also hypothecated the Crane to ICICI Bank. According to petitioner, it is on the basis of Ext.P3 work order that the petitioner, who is stated to be a heavy vehicle driver, has transported the Crane to Tamil Nadu for executing the work order and while so it was detained at the Walayar Check Post. 2. Today, when the matter came up, learned counsel for petitioner submits that the work order itself was cancelled on 21.8.2008 which is prior to the filing of the Writ Petition and he submits that the petitioner is, therefore, desirous of taking back the Crane to mavelikkara. Learned Government Pleader does WPC.25607/08 W 2 not seriously oppose this request, but he insists that the petitioner may execute a simple bond with two sureties. Counsel for petitioner also submits that the petitioner will produce the Crane before the Commercial Tax Officer at Mavelikkara. Having considered the facts, the Writ Petition is disposed of as follows: If the petitioner executes a simple bond for the amount shown in Ext.P5 with two sureties, the vehicle in question will be released to the petitioner for the purpose of transporting it back to Mavelikkara. This will be subject to the further condition that the petitioner will produce the vehicle before the Commercial Tax Officer at Mavelikkara within three days of the release of the vehicle. Sd/= K. M. JOSEPH, JUDGE kbk. //True Copy// PS to Judge