Ahammed Farhan K vs The Secretary
2024 Latest Caselaw 10135 Ker

Kerala High Court

Ahammed Farhan K vs The Secretary on 5 April, 2024

WP(C) No.11035/2024                       1/3                        Order Date : 05-04-2024

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
              Friday, the 5th day of April 2024 / 16th Chaithra, 1946
                              WP(C) NO. 11035 OF 2024
   PETITIONER:

          AHAMMED FARHAN K., AGED 27 YEARS,
          S/O.SAKEENA, THAZHATHU VEETTIL, VYDYARANGADI P.O., RAMANATTUKARA,
          KOZHIKKODE DISTRICT, PIN - 673633.

   RESPONDENTS:

      1. THE SECRETARY, KOZHIKKODE MUNICIPAL CORPORATION, MUNICIPAL OFFICE,
         MANANCHIRA,KOZHIKKODE, PIN - 673032.
      2. THE SUB DIVISIONAL MAGISTRATE/REVENUE DIVISIONAL OFFICER,
         ERANHIPALAM, KOZHIKKODE, KOZHIKKODE DISTRICT, PIN - 673020.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the respondents to release the goods carriage/tanker
   lorry bearing registration NO.KL-02-AC-1244 to the petitioner for interim
   custody, forthwith, pending disposal of the above Writ Petition(Civil).


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S BABU S. NAIR & SMITHA BABU Advocates for the petitioner, SRI. V
   KRISHNA MENON Advocate for R1, the court passed the following:
 WP(C) No.11035/2024                     2/3                     Order Date : 05-04-2024



                            MOHAMMED NIAS C.P, J.
                      ========================
                          W.P.(C.) No. 11035 of 2024
                      ========================
                      Dated this the 5th day of April, 2024


                                      ORDER

There will be a direction to the respondents to release

the vehicle bearing Registration No. KL-02-AC-1244 on the

petitioner executing a bond for Rs.2 lakhs with two solvent

sureties to the like sum before the 2 nd respondent on

condition that the petitioner will produce the same as and

when required by the 2nd respondent. On execution of the

bond, the vehicle will be released within three days from the

date of production of the order. The petitioner shall not

transfer the vehicle till the 2nd respondent finalize the

proceedings. The petitioner shall also not indulge in any

illegal activity using the vehicle.

The respondents are directed to file counter affidavit.

Post on 11.06.2024.

Sd/-

MOHAMMED NIAS C.P

JUDGE

LU WP(C) No.11035/2024 3/3 Order Date : 05-04-2024

APPENDIX OF WP(C) 11035/2024 Exhibit P1 A TRUE COPY OF THE SPOT MAHAZAR PREPARED BY THE HEALTH INSPECTOR, KOZHIKKODE MUNICIPAL CORPORATION DATED, 29-1-2024 Exhibit P2 A TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.24276/2023 DATED, 16-8-2023 OF THIS HON'BLE COURT Exhibit P3 A TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.5525/2024 DATED, 23-2-2024 OF THIS HON'BLE COURT