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High Court of KeralaWP(C)/21470/2015disposed of

Mariya Joyson v. Kozhikkode Municipal Corporation

2015-10-28Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 WP(C).No. 21470 of 2015 (G) ---------------------------- PETITIONER(S):

----------------- MARIYA JOYSON, AGED 36 YEARS W/O.JOYSON, KARUKUTTY P.O., KARUKUTTY VILLAGE ALUVA TALUK ERNAKULAM DISTRICT (OWNER OF A TANKER LORRY BEARING REGISTRATION NO.KL-63-B-7577).

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

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

1. KOZHIKKODE MUNICIPAL CORPORATION KOZHIKODE DISTRICT-673 661 REPRESENTED BY ITS SECRETARY.

2. THE SECRETARY KOZHIKODE MUNICIPAL CORPORATION, KOZHIKODE DISTRICT - 673 661.

3. HEALTH INSPECTOR KOZHIKODE CORPORATION, KOZHIKODE DISTRICT, 673 661. R BY SRI.K.D.BABU,SC,KOZHIKODE CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 21470 of 2015 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT-P1: TRUE COPY OF THE COMMUNICATION ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.21470 of 2015 --------------------- Dated this the 28th day of October, 2015

J U D G M E N T

The vehicle of the petitioner has been seized by the respondents for offence alleged under Section 340(A) of the Kerala Municipality Act, 1994. Section 340(B) of the Act obliges the respondents to produce the vehicle before the Sub Divisional Magistrate. The same shall be done within a period of two weeks from the date of receipt of a copy of this judgment.

2. The petitioner is free to apply for interim custody of the vehicle before the Sub Divisional Magistrate. The proceedings alleged against the petitioner shall also be taken to a logical end. The same shall be done within a period of two months from the date of receipt of a copy of this judgment. The possibility of releasing the vehicle to the petitioner as an interim measure shall be explored by the Sub Divisional Magistrate.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/28.10.15