Citation : 2023 Latest Caselaw 6070 Ker
Judgement Date : 9 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
WP(C) NO. 18670 OF 2023
PETITIONER:
MUHAMMED HAFEEF
AGED 30 YEARS
S/O. P.A. SAUDALAVI, MANNATHODI HOUSE, IDIMUZHIKAL,
CHELUPPADAM, CHELEMBRA, MALAPPURAM DISTRICT, PIN -
673634
BY ADV K.RAKESH
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, UPHILL, MALAPPURAM, PIN -
676505
2 THE DISTRICT SUPPLY OFFICER
DISTRICT SUPPLY OFFICE, UPHILL, MALAPPURAM, PIN -
676505
3 THE STATION HOUSE OFFICER
THENHIPALAM POLICE STATION, MALAPPURAM DISTRICT, PIN -
673636
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SMT.SURYA BINOY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.18670 of 2023
2
P.V.KUNHIKRISHNAN
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W.P (C) No.18670 of 2023
---------------------------
Dated this the 9th day of June, 2023
JUDGMENT
This writ petition is filed with the following prayers:-
"i) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the respondents 1 to 3 to forthwith release the Goods Vehicle bearing registration No.KL-05-AE-8882 and the cylinders loaded therein;
ii) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the 1 st respondent to consider Exhibit P3 reply submitted by the petitioner and finalise the proceedings on the basis of Exhibit P2 as expeditiously as possible;
iii) Dispense with the filing of English Translation of Vernacular Documents;
iv) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. "
(SIC)
2. The main prayer in this writ petition is to issue a
direction to the 1st respondent to release the Goods Vehicle
bearing registration No.KL-05-AE-8882 and cylinders loaded
therein.
W.P (C) No.18670 of 2023
3. Heard the learned counsel for the petitioner and
the learned Government Pleader.
4. Admittedly, the petitioner submitted Ext.P3 reply
to Ext.P2 show cause notice. In such circumstances, the
duty of the 1st respondent is to consider Ext.P3 and take a
decision in the matter forthwith.
Therefore, this writ petition is disposed of with the
following directions:-
i) The 1st respondent is directed to consider Ext.P3 reply and take a decision in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a certified copy of this judgment.
ii) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.18670 of 2023
APPENDIX OF WP(C) 18670/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT
Exhibit P2 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 7-2-2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P3 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 21-2-2023
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