Saju v. The District Collector
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN WEDNESDAY, THE 19TH DAY OF AUGUST 2015/28TH SRAVANA, 1937 WP(C).No. 24915 of 2015 (L) ---------------------------- PETITIONER :
----------- SAJU, AGED 45 YEARS, S/O.CHELLAPPAN, 192, VALAMPARAMBIL HOUSE, POOZHIKAL.P.O., APPANCHIRA, VAIKOM, KOTTAYAM.
BY ADV. SRI.M.J.THOMAS RESPONDENTS :
------------- 1.
THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM - 686 001.
2.
THE SUB INSPECTOR OF POLICE, KADUTHURUTHY, KOTTAYAM -686 507.
3.
THE ASSISTANT SUB INSPECTOR OF POLICE, KADUTHURUTHY, KOTTAYAM -686 507.
4.
THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, KOTTAYAM, OFFICE OF THE GEOLOGIST, KOTTAYAM -686 001.
BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24915 of 2015 (L) APPENDIX PETITIONER'S EXHIBITS :- EXT.P1 COPY OF THE REGISTRATION CERTIFICATE OF HGV TIPPER NO.KL-04-E-9041.
EXT.P2 COPY OF THE GOODS CARRIAGE PERMIT OF HGV TIPPER NO.KL-04-E-9041.
EXT.P3 COPY OF THE INSURANCE CERTIFICATE ISSUED BY THE NEW INDIA ASSURANCE COMPANY.
EXT.P4 COPY OF THE MINERAL TRANSPORTATION PASS ISSUED BY THE PRODUCER TO DRIVER OF THE PETITIIONER'S VEHICLE. EXT.P5 COPY OF THE BILL ISSUED BY THE DEALER OF THE PETROLEUM AGENCY EVIDENCING THAT PETROL FOR AN AMOUNT OF 1500/- WAS FILLED IN THE ABOVE VEHCLE ON 11.8.2015. ₹ RESPONDENTS' EXHIBITS :- NIL.
True copy P.A to Judge
ANIL K.NARENDRAN, J.
-------------------------------------- W.P.(C)No.24915 of 2015 ---------------------------------------- Dated this the 19th day of August, 2015
JUDGMENT
The petitioner, who is the registered owner of a HGV Tipper bearing registration No.KL-04-E-9041, has approached this Court in this Writ Petition seeking an order to declare that the seizure of his vehicle is illegal and malafide. The petitioner has also sought for an alternate remedy directing the 2 nd and 3 rd respondents to report the seizure of the vehicle and produce it before the Judicial First Class Magistrate Court, Vaikom.
2.
I heard the arguments of the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents.
3.
The learned Government Pleader on instructions submitted that, after seizing the vehicle, report has already been submitted before the Revenue Divisional Officer and that the 2 nd and rd respondents shall produce the vehicle in question before the Judicial First Class Magistrate Court, Vaikom within three days from today.
W.P.(C).No.24915 of 2015 In such circumstances, this Writ Petition is disposed of directing the 2 nd and 3 rd respondents to produce the petitioner's HGV Tipper bearing registration No.KL-04-E-9041 before the Judicial First Class Magistrate Court, Vaikom within a period of three days from today so as to enable the petitioner to make an appropriate application for interim custody of the vehicle.
The Writ Petition is disposed of as above.
ANIL K.NARENDRAN, JUDGE skj