Rasheed P.K vs The Sub Inspector Of Police
2023 Latest Caselaw 4609 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                          WP(C) NO.11316 OF 2023
PETITIONER :-

             RASHEED P.K., AGED 22 YEARS
             SON OF KUNHIMARAKKAR P.K, PADUTHUKULANGARA,
             SUKAPURAM P.O., VATTAMKULAM, MALAPPURAM DISTRICT,
             PIN - 679 576 (OWNER OF TIPPER LORRY BEARING
             REGISTRATION No.KL-42-B-2587)

             BY ADVS.
             IRFAN ZIRAJ
             P.M.ZIRAJ
             VISHNU P.S.
             MOHAMMED SHEHIN.S.S
             BIPIN KRISHNAKUMAR


RESPONDENTS :-

       1     THE SUB INSPECTOR OF POLICE
             CHANGARAMKULAM POLICE STATION,
             MALAPPURAM DISTRICT, PIN - 673 573

       2     THE DISTRICT GEOLOGIST
             DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
             MINI CIVIL STATION, MANJERI PO, MALAPPURAM,
             PIN - 676 121

             SMT.PARVATHY.K, GP


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    12.04.2023,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.11316 OF 2023

                                  -: 2 :-


                               JUDGMENT

Dated this the 12th day of April, 2023

This writ petition is filed seeking the following reliefs :-

"(i) Issue a writ of mandamus or other appropriate writ, order or direction to the first respondent to release the vehicle of the petitioner bearing registration No.KL-42- B-2587 forthwith without imposing any condition since the seizure of the same by the first respondent is illegal, arbitrary and beyond his jurisdiction.

(ii) Issue a writ of certiorari or other appropriate writ, direction or order by call for the records leading to the issuance of Exhibit P1 seizure mahazar and set aside the same illegal."

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioner the petitioner is the owner of a tipper lorry bearing

registration No.KL-42-B-2587. It is stated that the above

vehicle was seized on 14.3.2023 by the 1st respondent illegally

while being in transit without any load on the road. Ext.P1 is

the seizure mahazar. It is stated that since the above lorry was

empty at the relevant time as is evident from the seizure

mahazar, there is no justification of the seizure of the vehicle. WP(C) NO.11316 OF 2023

The learned counsel for the petitioner, therefore, seeks release

of the vehicle. The learned counsel also places reliance on the

judgment of this Court in Unais v. District Collector [2023 (1)

KLT 651].

4. The learned Government Pleader submits that the

seizure of the vehicle was at 3 a.m. on 14.3.2023 and that

another tipper lorry which was engaged in illegal quarrying of

sand had been seized along with the petitioner's vehicle. It is,

therefore, contended that it is obvious that the intention was to

use the vehicle for illegal purpose.

5. Having considered the contentions advanced and in

view of the specific provisions of the Act as well as the Rules

and the judgment which is relied on by the learned counsel for

the petitioner, I am of the opinion that the apprehension that

the vehicle was intended to use for illegal purpose will not

serve any purpose since the vehicle was admittedly empty at

the time of seizure. The petitioner is, therefore, entitled to the

benefit of Ext.P2 judgment.

In the above view of the matter, this writ petition is

allowed. There will be a direction to the 1 st respondent to WP(C) NO.11316 OF 2023

release the tipper lorry bearing registration No.KL-42-B-2587

of the petitioner within one week from the date of receipt of a

copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/13.4.2023 WP(C) NO.11316 OF 2023

APPENDIX OF WP(C) 11316/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 14.03.2023 PREPARED BY THE FIRST RESPONDENT

Exhibit P2 TRUE COPY OF THE JUDGMENT REPORTED IN UNAIS VS DISTRICT COLLECTOR 2023 (1) KLT 651