Molly Mohan vs Revenue Divisional Officer
2024 Latest Caselaw 11785 Ker

Kerala High Court

Molly Mohan vs Revenue Divisional Officer on 30 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
                       WP(C) NO. 7033 OF 2024
PETITIONER:

               MOLLY MOHAN,
               AGED 34 YEARS, D/O MOHANAN,, VALIAYIL VEEDU ,
               MULLUVILA , VADAKKEVILA P.O, KOLLAM,
               PIN - 691 010.

               BY ADVS.
                    ARUN BABU
                    N.MUHAMMED NAHAS

RESPONDENTS:

    1          REVENUE DIVISIONAL OFFICER,
               OFFICE OF THE RDO , COLLECTORATE,
               CUTCHERRY P.O,KOLLAM, PIN - 691 013.

    2          KOLLAM MUNICIPAL CORPORATION,
               CORPORATION OFFICE ,KOLLAM P.O,
               REPRESENTED BY ITS SECRETARY, PIN-691 001.

               BY ADV
                    DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
                    S.SREEKUMAR (KOLLAM),STANDING COUNSEL


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   30.04.2024,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.7033 of 2024
                                :2:



                           JUDGMENT

The petitioner is the owner of commercial vehicle

bearing registration No.KL-02BT-5765 Mahindra Tanker

Lorry. It was seized by the 2nd respondent on the allegation

that, the petitioner used the said vehicle for transportation

of latrine waste. Challenging the seizure of the vehicle, the

petitioner approached this Court.

2. Heard the learned Counsel for the petitioner, the

learned Standing Counsel appearing for the Corporation as

well as the learned Government Pleader appearing for the

1st respondent.

3. The vehicle is kept idle since 05.12.2023. There is

no reason for keeping the vehicle in the possession of the

Corporation indefenitely. The petitioner has already filed

Ext.P4 representation before the 1 st respondent seeking

release of the vehicle.

Having heard both sides, the 1st respondent is

directed to consider and pass orders on Ext.P4

representation submitted by the petitioner, as expeditiously

as possible, at any rate within a period of one month from

today, taking into account of the judgment of this Court

dated 26.02.2024 in W.P.(C) No.6716 of 2024.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

S.M.K.

APPENDIX

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE RC BOOK OF THE VEHICLE -

KL02 BT 5765.

Exhibit P2 THE TRUE COPY OF THE LETTER DATED 05/12/2023 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE LETTER DATED 06/02/2024 ISSUED BY THE 1ST RESPONDENT TO THE 2ND AND 3RD RESPONDENTS.

Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 13.02.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P5 THE TRUE COPY OF THE RECEIPT DATED 13.02.204 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.