Binila Babu D v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937 WP(C).No. 5551 of 2014 (T) --------------------------- PETITIONER :

------------------ BINILA BABU. D., AGED 39 YEARS, W/O.BABU, KUTTIYIL HOUSE, S.N.BHAVANAM ETTUMANOOR, KOTTAYAM.

BY ADVS.SRI.P.SANJAY SMT.A.PARVATHI MENON RESPONDENTS :

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

1. STATE OF KERALA REPRESENTED BY THE SECRETARY, VIGILANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-696 001.

2. INSPECTOR OF POLICE, SUIT, VDOP, VIGILANCE AND ANTI CORRUPTION BUREAU, ERNAKULAM - 682 018.

R1 & R2 BY GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5551 of 2014 (T) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

A TRUE COPY OF THE SALE DEED NO.2356/2004.

EXHIBIT P2:

A TRUE COPY OF THE SALE DEED NO. 595/2004.

RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 5551 of 2014 ------------------------------------------- Dated this the 25th day of March, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"i) Call for the records relating to the seizure of documents from the house of petitioners;

ii) Issue writ of mandamus directing the respondent to forthwith release the original of documents shown as Exts.P-1 and P-2 seized from the petitioners' residence; iii) Declare that the seizure and taking into custody of the documents is arbitrary and illegal;

iv) Direct the respondents to compensate the petitioner for the seizure and illegal custody of the documents; v) Issue such other writ, order or directions that this Hon'ble court may deem fit and proper to the circumstances of the case.

vi) Award cost of this petition."

2.

Heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the respondents. 3.

The learned Government Pleader submits that, the documents seized from the petitioner can be released, subject to filing an undertaking that, the same will be produced as and when demanded by the Police.

WP(c). No.5551 of 2014 In the above circumstance, there will be a direction to the 2nd respondent to release the documents on filing an undertaking by the petitioner to the above extent.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.

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