CHELLA DURAI J Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the registered owner of a lorry bearing No.TN29-AY-4819, which is a goods carrier, covered by a National Permit. Grievance of the petitioner is that while transporting certain goods from the State of Uttarakhand to the State of Kerala, on the basis of valid documents, it was intercepted by the second respondent under section 47 (2) of the Kerala Value Added Tax Act, on issuing Ext.P7 notice, demanding to furnish security for release of the goods.

(2.) It is stated that inspite of the detention and issuance of notice as early as on 17-8-2010, the consignee has not taken any steps to get the goods released by furnishing security. According to the petitioner, the vehicle is being indefinitely detained, because of the proceedings, despite the fact that there is no proceeding initiated against the vehicle. Under such circumstances, the petitioner is seeking release of the vehicle.

(3.) Learned Government Pleader submits that there is no proceedings initiated against the vehicle. But the petitioner may be directed to make arrangements for unloading of the goods for the purpose of release of the vehicle, is the submission.