High Court of KeralaWP(C)/17348/2015disposed of

Shoukathali v. The Sub Inspector Of Police

2015-06-25Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 WP(C).No. 17348 of 2015 (P) ---------------------------- PETITIONER :

----------------------- SHOUKATHALI,AGED 46 YEARS, S/O. MUHAMMED HAJI, THONIKKADAVATHU HOUSE, KOOTILANGADI P.O, PADINHATTUMURI, PERINTHALMANNA, MALAPPURAM DISTRICT.

BY ADV. SRI.SUNNY MATHEW RESPONDENT(S):

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

1. THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION,PIN-673 001

2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 17348 of 2015 (P) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE ORDER DATED 9.5.2008 PASSED BY THIS HON'BLE COURT AGAINST WP(C).NO.14230/2008 EXHIBIT P2:

TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT EXHIBIT P3:

TRUE COPY OF THE PROCEEDINGS OF THE SUB DIVISIONAL MAGISTRATE, PERINTHALMANNA DATED 24.10.2014 RESPONDENT(S)' EXHIBITS:

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

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.17348 of 2015 - P ====================== Dated this the 25th day of June, 2015

J U D G M E N T

The petitioner had remitted money for release of a vehicle seized on allegation of an offence. The offence alleged which led to the seizure was under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for brevity, 'Sand Act'). However, in the adjudication it was found that the petitioner was not guilty of the offence.

2. In such circumstance, the petitioner seeks release of the amounts deposited by him. The petitioner has filed an application before the 1st respondent. The leaned Government Pleader on behalf of the 1st respondent submits that, on remittance being made, the 1st respondent issued a receipt to the petitioner and the counterfoil is available with the office of the District Police Chief.

W.P.(C) No.17348 of 2015 - P

3. In such circumstance, the petitioner has to approach the office of the District Police Chief. The petitioner shall file such an application, on receipt of the same, the application shall be considered expeditiously at any rate within a period of one month from the date of receipt of the certified copy of this judgment.

The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy /// P.A to Judge.