IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35160 of 2009(L)
1. M/S. ASHRITHA EARTH MOVERS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE CHIEF EXECUTIVE OFFICER,
3. M/S. FAROOK CONSTRUCTIONS,
For Petitioner :SMT.HUMERA MOHAMED ALI
For Respondent :SRI.E.RAFEEK
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :23/02/2010
O R D E R
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C) No. 35160 of 2009 L
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Dated this the 23rd day of February, 2010
J U D G M E N T
The petitioner is the registered owner of a Motor
Grader Mitsubhishi MG3 bearing registration No.TN/09AD/5551.
2. There is an existing contract between the second and
third respondents and subsequent disputes arose between them
and in the light of the said disputes, claiming that the third
respondent owes some amount, the second respondent detained
the vehicle and now it is lying idle in the premises of Info Park,
Kakkanadu for the past few months. It is in these circumstances,
the petitioner has filed the writ petition seeking for a direction to
the respondents to release the said vehicle to the petitioner.
3. Heard the learned counsel appearing for respondents 2
and 3. It is submitted by the learned counsel appearing for
respondents 2 and 3 that the vehicle can be released to the
petitioner.
4. In W.P.(C) No.28477/2009 filed by Mr.Kalyan V.N.,
there was a direction to the second respondent therein, namely the
WPC.35160/09
: 2 :
second respondent herein, to release the very same vehicle on
production of the certificate of registration to the petitioner. It was
also directed that the original documents should be produced for
release of the vehicle. In IA.No.2303/2010, the petitioner therein
has also been impleaded as additional 4th respondent and I have
heard the learned counsel appearing for the additional 4th
respondent also. It is submitted that the additional 4th respondent
is only an agent of the petitioner and he has no objection to
release the vehicle to the petitioner he being the registered owner.
5. There will be a direction to the second respondent to
release the vehicle, namely Motor Grader Mitsubhishi MG3
bearing registration No.TN/09AD/5551, to the petitioner, within a
period of one week on production of the documents relating to the
vehicle, namely original of the registration certificate.
The writ petition is disposed of as above.
(T.R.RAMACHANDRAN NAIR, JUDGE)
aks