Abdul Salam vs State Of Kerala Represented By Its ...
2023 Latest Caselaw 3861 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                       WP(C) NO. 11205 OF 2023
PETITIONER:

          ABDUL SALAM
          AGED 58 YEARS
          S/O FAHIMAKUTTI, PALAKURUSSI HOUSE, VALAPUZHA PO,
          PALAKKAD., PIN - 679336

          BY ADV AJMAL P.



RESPONDENTS:

    1     STATE OF KERALA REPRESENTED BY ITS SECRETARY
          DEPARTMENT OF REVENUE , GOVERMENT OF KERALA ,
          THIRUVANTHAPURAM, PIN - 695001

    2     DISTRICT COLLECTOR PALAKKAD
          CIVIL STATION , PALAKKAD, PIN - 678013

    3     TAHSILDAR (LAND RECORDS)
          TALUK OFFICE OTTAPALLAM, PIN - 679101

    4     VILLAGE OFFICER NELLAYA VILLAGE
          NELLAYA VILLAGE , PALAKKAD, PIN - 680001



          BY SRI.APPU.P.S-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.11205 OF 2023

                            -: 2 :-



                 ANU SIVARAMAN, J.

       =========================
          W.P.(C) No.11205 of 2023
       =========================

          Dated this the 30th day of March, 2023



                         JUDGMENT

This writ petition is filed seeking directions to

the 2nd respondent to pass orders with regard to the

custody of a hydraulic excavator belonging to the

petitioner.

2. It is contended that the excavator covered by

Exhibit P1 invoice, belongs to the petitioner and that it

was seized on 11.12.2022 and Exhibit P2 seizure

mahazar was prepared. It is submitted that the 3 rd

respondent has reported the seizure to the 2 nd WP(C) NO.11205 OF 2023

respondent by Exhibit P3 dated 31.01.2023. However,

even thereafter, no steps had been taken with regard to

the vehicle.

3. The learned Government Pleader submits that

it is clear from Exhibt P3 that the seizure had been duly

reported to the 2nd respondent. It is submitted that in

case the petitioner has any contentions with regard to

the offence alleged to have been committed by him, it is

for the petitioner to move the 2 nd respondent for release

of the vehicle.

I notice that the petitioner has not produced

any material to show that he has approached the 2 nd

respondent for release of the vehicle. In the above view

of the matter, in case the petitioner approaches the 2 nd

respondent with an appropriate representation, seeking

release of the vehicle, the same shall be considered

and appropriate orders passed by the 2 nd respondent, in WP(C) NO.11205 OF 2023

accordance with law. Necessary steps shall be taken

within a period of two weeks from the date on which the

petitioner approaches the 2nd respondent with an

appropriate representation for release of the vehicle.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE SSK/30/03 WP(C) NO.11205 OF 2023

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF TAX INVOICE NO.

IE/GST/TI/13/17-18 DT.11-11-2017

Exhibit P2 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE JUNIOR SUPERINTENDENT F SECTION DT. 11-12-2022

Exhibit P3 TRUE COPY OF THE REPORT DATED 31-01-2023