Siraj.K vs Sub Inspector Of Police
2021 Latest Caselaw 20495 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                          WP(C) NO. 20055 OF 2021
PETITIONERS:

    1       SIRAJ.K.,
            AGED 31 YEARS
            S/O.KOYAKUTTY.K., MANNANKANDI HOUSE, PULLUMKUNNU,
            VYDHYARANGADI P.O., RAMANATTUKARA, KOZHIKKODE DISTRICT,
            KERALA-673 633.

    2       MOHAMMED ANWER SADATH.N.C.,
            AGED 38 YEARS
            HYDER HAJI, KARIYATHOTTAMMAL HOUSE, AROOR, OLAVATTOOR
            P.O., MALAPPURAM DISTRICT-63 638.

    3       ANWAR.P.M.,
            AGED 36 YEARS
            S/O.SAINUDHEEN, PERINCHEERI MATTIL HOUSE, DEVATHIYAAL.,
            THENHIPPALAM P.O., MALAPPURAM DISTRICT-673 636.

            BY ADVS.
            K.MOHAMMED RAFEEQ
            AMARNATH R LAL



RESPONDENTS:

    1       SUB INSPECTOR OF POLICE,
            KONDOTT POLICE STATION, MALAPPURAM DISTRICT-673 638.

    2       THE DISTRICT GEOLOGIST,
            DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION,
            NEAR DISTRICT COURT, VELLARANGAL, MANJERI, MALAPPURAM
            DISTRICT-676 517.



            APPU.P.S-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20055 OF 2021
                                              2



                                   JUDGMENT

This Writ Petition is filed seeking the following reliefs:

"1. Issue a writ of mandamus or other appropriate writ, direction or order by directing the 1 st respondent to submit the records related to the seizure of the petitioner's vehicles bearing registration numbers KL-7-G-4812, KL-10-BE-4008 AND KL- 65-R-0083 immediately before the jurisdictional magistrate court

2. Issue a writ of certiorari or other appropriate writ, direction or order by directing judicial first class magistrate court Malappuram to release the vehicles of the petitioners bearing registration number KL-71-G-4812, KL-10BE-4008 and KL-65-R-0083 if the petitioners would prefer any application for interim custody."

2. Heard the learned counsel for the petitioners and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioners that the

petitioners's vehicles that are a goods carriage (tipper) bearing No. KL-71-G-

4812, a earth moving equipment bearing registration Nos. KL-10BE-4008 and

a goods carrier (LGV Tipper) bearing No. KL-65-R-0083 had been seized for

loading and transporting of ordinary earth without valid pass and permit from

the concerned authorities. It is submitted that the seizure was on 17.09.2021

by the 1st respondent and the seizure mahazar is produced as Exhibit.P4. The

learned counsel for the petitioners also submits that the report of seizure with

connected records is liable to be forwarded to the jurisdictional Magistrate. WP(C) NO. 20055 OF 2021

4. The learned Government Pleader submits that vehicles were

seized on 17.09.2021 and the reports along with mahazar have been

forwarded to the District Geologist. It is submitted that in case any

application for compounding is filed, the same can be entertained by the

District Geologist. The learned counsel for the petitioners submits that the

petitioners do not intent to compound the offence and that if records are

forwarded to the jurisdictional magistrate, the petitioners would be enabled to

take appropriate steps for obtaining interim release of the vehicles.

In the above view of the matter, there will be a direction to the 2 nd

respondent to forward all the records of seizure including the original of

Exhibit.P4 seizure mahazar to the jurisdictional Magistrate at the earliest, at

any rate, within one week from the date of receipt of copy of this judgment.

The Writ petition is disposed as above.

(Sd/-)

ANU SIVARAMAN, JUDGE

rps/ WP(C) NO. 20055 OF 2021

APPENDIX OF WP(C) 20055/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE BEARING REGISTRATION NO.KL 71 G 4812.

Exhibit P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE BEARING REGISTRATION NO.KL 10 BE 4008.

Exhibit P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE BEARING REGISTRATION NO.KL 65 R 0083.

Exhibit P4 TRUE COPY OF THE SEIZURE MAHASSAR DATED 17.09.2021 PREPARED BY THE FIRST RESPONDENT.

              //   True Copy //            PA To Judge