High Court of KeralaWP(C)/2871/2015disposed of

Adnan v. The Sub Inspector Of Police

2015-01-29Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 WP(C).No. 2871 of 2015 (H) --------------------------- PETITIONER :

------------------------ ADNAN,S/O. MUHAMMED, AGED 26 YEARS, KULANTHINGAL HOUSE, PANNIPPARA P.O., ERNAKAMANNA VILLAGE, ERANAD TALUK, MALAPPURAM DISTRICT. (OWNER OF THE LORRY BEARING REGISTRATION NO.KL-10-P-6932).

BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

----------------------------

1. THE SUB INSPECTOR OF POLICE, EDAVANA POLICE STATION, MALAPPURAM DISTRICT, PIN-686 605.

2. THE REVENUE DIVISIONAL OFFICER (RDO), PERINTHALMANNA, MALAPPURAM DISTRICT-686 605.

R1 & R2 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 2871 of 2015 (H) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF MAHASSAR DTD. 9.1.2015 PREPARED BY THE FIRST RESPONDENT. P2 :

COPY OF THE FIRST INFORMATION REPORT DTD. 9.1.2015 NO.0029 OF EDAVANA POLICE STATION.

P3 :

COPY OF THE APPLICATION DTD. 12.1.2015 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

RESPONDENT(S)' EXHIBITS:

NIL ---------------------------------------- /TRUE COPY/ P.A.TO.JUDGE sts

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.2871 of 2015 --------------------------------------- Dated this the 29th day of January, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"1. Issue a writ of mandamus or any other appropriate writ, order or direction directing the second respondent to conclude the proceedings against the vehicle of petitioner in connection Ext.P1 seizure Mahazar after verifying the genuineness of of pass and thereby release the vehicle of petitioner with load of sand unconditionally within a reasonable time on whatever conditions which this Honourable Court may deem fit and proper in the interest of justice and circumstances of the case.

2. Issue such other writ or orders or directions, which this Honourable Court may deem fit and proper in the interest of justice and circumstances of the case." The learned counsel for the petitioner submits that, the petitioner is not seeking for interim custody of the vehicle and that the prayer is only to cause the adjudication proceedings to be finalised by the 2nd respondent in accordance with law.

3. Heard the learned Government Pleader as well.

4. After hearing both the sides and after considering the limited extent of relief sought for, the writ petition is disposed of,

W.P.(C) No.2871 of 2015 directing the 2nd respondent to finalise the adjudication proceedings forming subject matter of Ext.P1 Mahazar, at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment.

The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 2nd respondent, for further steps.

P.R. RAMACHANDRA MENON, JUDGE sp