High Court Kerala High Court

Nagarajan.G vs State Of Kerala Represented By Its on 25 June, 2009

Kerala High Court
Nagarajan.G vs State Of Kerala Represented By Its on 25 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6642 of 2009(A)


1. NAGARAJAN.G, S/O.GOVINDASWAMY, 230,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY ITS
                       ...       Respondent

2. THE CHIEF EXECUTIVE OFFICE,

3. M/S.FAROOQ CONSTRUCTIONS, FATHIMA

                For Petitioner  :SRI.KKM.SHERIF

                For Respondent  :SRI.G.S.REGHUNATH

The Hon'ble MR. Justice V.GIRI

 Dated :25/06/2009

 O R D E R
                                V.GIRI, J.

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                   W.P. (C) No. 6642 OF 2009
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             Dated this the 25th day of June, 2009

                           J U D G M E N T

The petitioner is the registered owner of Vibratory

Road Roller bearing Reg.No.TN 46 E 8974. The vehicle was

leased to the 3rd respondent for a monthly rental of

Rs.1,05,000/-(the rate of rent is not accepted by the 3rd

respondent). The 3rd respondent entered into an agreement

with the second respondent for construction of a four line road.

The 3rd respondent deployed the vehicle belonging to the

petitioner, aforementioned, covered by Ext.P1 Registration

Certificate also for the purpose of the same. It seems that

there arose a dispute between respondents 2 and 3 regarding

the execution of the work. According to the 2nd respondent,

the 3rd respondent abandoned the work. The 3rd respondent, at

the time of commencing the work, declared that he was in

possession of two other vehicles. The vehicle belonging to the

petitioner was also brought to the site by the 3rd respondent.

But when the work was stopped, the vehicle was not taken

WPC.No. 6642 OF 2009
: 2 :

back by the 3rd respondent or returned to the owner.

According to the 3rd respondent, second respondent did not

permit him to do so.

2. Petitioner sent Ext.P1 notice to the second

respondent demanding release of the vehicle. This was

replied vide Ext.P4, essentially pointing out the alleged breach

committed by the 3rd respondent. There is also a statement in

Ext.P4 to the effect that the petitioner has not produced any

document before the second respondent to prove his

ownership of the vehicle or the terms and conditions under

which the same was entrusted to M/s.Farooq Construction.

This writ petition has been filed requiring the second

respondent to release the vehicle.

3. A counter affidavit has been filed by the second

respondent, asserting that the vehicle was brought to the site

by the contractor and therefore they are entitled to exercise a

lien over the same.

4. I heard learned counsel for the petitioner, learned

counsel for the 2nd respondent and learned counsel for the 3rd

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: 3 :

respondent.

5. Petitioner is the owner of the vehicle covered by

Ext.P1 Registration Certificate. It was taken on hire by 3rd

respondent who deployed it in site, for the purpose of the

work entrusted to him by the second respondent. But that will

not enable the second respondent to exercise a lien over a

property belonging to the petitioner with whom the second

respondent has no privity of contract. I also take note of the

averments in the counter affidavit filed by the second

respondent that the 3rd respondent had declared that he has in

his possession two vehicles to be used for the work in

question. That did not include the vehicle belonging to the

petitioner. Contractual dispute between Respondents 2 and 3

are to be resolved as per terms and conditions of their

agreement. Petitioner cannot be brought within the purview

of their dispute. The 2nd respondent is an instrumentality of

the State it is therefore bound to act in a fair manner.

6. Accordingly, there will be a direction to the second

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: 4 :

respondent to release the vehicle covered by Ext.P1

Registration certificate to the petitioner on the petitioner

approaching the second respondent in this regard along with

the original Registration Certificate relating to the said vehicle.

Writ petition is disposed as above.

(V.GIRI, JUDGE)

jma