Cheriyandi Abdul Azeez vs M/S. Magna Fincorp Ltd
2023 Latest Caselaw 3019 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                       WP(C) NO. 4019 OF 2018
PETITIONER:

          CHERIYANDI ABDUL AZEEZ
          S/O.MUHAMMED HAJI, AGED 51 YEARS, CHERIYANDI HOUSE,
          KOLACHERI P.O., KOLACHERI AMSOM, KANNUR DISTRICT-
          670601.
          BY ADVS.
          SRI.V.T.MADHAVANUNNI
          SRI.V.A.SATHEESH

RESPONDENTS:
     1     M/S. MAGNA FINCORP LTD
           BRANCH OFFICE, OPPOSITE KOYILI HOSPITAL, THALAP,
           KANNUR-670002, REPRESENTED BY ITS BRANCH MANAGER.
     2     THE SUB INSPECTOR OF POLICE
           MAYYIL POLICE STATION, MAYYIL P.O., KANNUR DISTRICT-
           670602.
     3     THE SUB INSPECTOR OF POLICE
           SREEKANDAPURAM POLICE STATION, SREEKANDAPURAM P.O.,
           KANNUR DISTRICT-670631.
     4     STATE OF KERALA
           REPRESENTED BY SECRETARY TO HOME DEPARTMENT,
           SECRETARIAT, THIRUVANANTHAPURAM-695001.
     5     CHERIYANDI KHADER
           S/O.IBRAHIM, AGED 38 YEARS, CHERIYANDI HOUSE,
           KOTTOORVAYAL, SREEKANDAPURAM P.O., NEDIYENGA AMSOM,
           KANNUR DISTRICT-670631.
     6     HAMZA K.T.
           S/O.KUNHI MUHAMMED, KINATTINGAL THODI HOUSE OF
           CHENGALAYI P.O., SREEKANDAPURAM (VIA), KANNUR DISTRICT-
           670631.
           BY ADV SRI.NIRMAL. S

          R2 TO 4 - SMT VIDYA KURIAKOSE,GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.4019 of 2018
                                           2




                                JUDGMENT

Dated this the 13th day of March, 2023

This writ petition is filed by the petitioner seeking the

following reliefs:

i. That this Hon'ble Court may be pleased to issue a writ of Mandamus or such other writ or order under Article 226 of the Constitution of India directing the respondents No.1 to 3 not to take forceful possession of the petitioner's vehicle KL-59M-3553 without due process of law.

2. Today when the matter is taken up, learned

counsel appearing for the petitioner submitted that the

subject matter has become infructuous.

Therefore, the writ petition is dismissed as

infructuous.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.4019 of 2018

APPENDIX OF WP(C) 4019/2018

PETITIONER EXHIBITS EXHIBIT P1- TRUE COPY OF THE REGISTRATION CERTIFICATE OF KL-59M-3553 VEHICLE.

EXHIBIT P2- TRUE COPY OF THE TAX LICENSE ISSUED WITH RESPECT TO KL-59M-3553 VEHICLE FROM THE MOTOR VEHICLES DEPARTMENT. EXHIBIT P3- TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND RESPONDENT NO.5 WITH RESPECT TO KL-59M-3553 VEHICLE DATED 19/07/2017.

EXHIBIT P4- TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT NO.1 DATED 19/08/2017. EXHIBIT P5- TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT NO.1 DATED 19/08/2017. EXHIBIT P6- TRUE COPY OF THE LAWYER NOTICE ISSUED TO THE RESPONDENT NO.5 DATED 02/02/2018. EXHIBIT P7- TRUE COPY OF THE POSTAL RECEIPT ISSUED BY THE POSTAL AUTHORITIES DATED 02/02/2018.