Kerala High Court
Eldhose M Alias vs The Geologist on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 40457 OF 2017
PETITIONER:
ELDHOSE M ALIAS
AGED 40 YEARS, S/O. ALIAS,
MEPRATHUMALY HOUSE, VENGOLA P.O, PERUMBAVOOR.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.(K/1441/2002)
K.S.SMITHA(K/106/2012)
V.R.SANJEEV KUMAR(K/000741/2017)
B.R.SINDU(K/632/2002.)
RESPONDENTS:
1 THE GEOLOGIST
MINING & GEOLOGY DEPARTMENT,
DISTRICT OFFICE, KOLLAM - 691 001.
2 THE REGIONAL TRANSPORT OFFICER
KOLLAM - 691 001.
3 THE ASSISTANT MOTOR VEHICLES INSPECTOR
KOLLAM - 691 002.
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.40457/2017
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.40457 of 2017
----------------------------------------------
Dated this the 11th day of April, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ in the nature of certiorari or such
other writ, order or direction calling for the
records leading to Ext.P9 and quash the same.
ii. Issue a writ in the nature of mandamus or such
other writ, order or direction commanding the 2 nd
respondent to immediate release of the
petitioner's vehicle seized and detained under
Ext.P3 check report in accordance with the
procedure laid down in Section 114 of the Motor
Vehicles Act, 1988.
iii. Issue such other writ order or direction as this
Hon'ble Court may deem fit and appropriate in
the facts and circumstances of the case.
(SIC)
2. When this writ petition came up for consideration
on 15.12.2017, this Court passed the following order:
"Admit.
The learned Government Pleader takes notice for
the respondents.
Post after one month for the counter affidavit of the
respondents.
Taking note of the submission of the learned
counsel for the petitioner that he wants to agitate
the legal issue raised in the writ petition, it is made
clear that if the petitioner chooses to compound the
offence during the pendency of the writ petition, he
will be free to do so, without prejudice to the legal
contentions that he raised in the writ petition."
3. In the light of the above order, I think no further
action is necessary. Moreover, there is no representation for
the petitioner. Probably the petitioner might have been
compounded the offence.
Therefore, this writ petition is closed, recording the
order dated 15.12.2017.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 40457/2017
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF KL-40/D 556.
EXHIBIT P2 A TRUE COPY OF THE MINIMAL TRANSIT
PASS DATED 25/11/2017.
EXHIBIT P3 A TRUE COPY OF THE CHECK REPORT DATED
25/11/2017.
EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER DATED
21.07.2015 IN WPC NO: 21823 OF 2015.
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED
29/11/2017 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE ORDER DATED
05/07/2016 IN CRL M.C NO: 4163 OF
2016.
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED
05/12/2017 IN WP(C) NO: 38659 OF 2017.
EXHIBIT P8 A TRUE COPY OF THE OBJECTION DATED
08/12/2017.
EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS OF THE
1ST RESPONDENT DATED 12/12/2017.
EXHIBIT P10 TRUE COPY OF THE GOVERNMENT ORDER
GO(MS) NO: 51/2017/ID DATED 21/6/2017.
