Pradheesh O.V vs District Geologist
2024 Latest Caselaw 9637 Ker

Kerala High Court

Pradheesh O.V vs District Geologist on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                            WP(C) NO. 7082 OF 2017


PETITIONER:

              PRADHEESH O.V.
              S/O VELAYUDHAN, POTTUPARA HOUSE, ODUVANGAD DESOM,
              NECHIPULLY P.O. MUNDOOR, PALAKKAD DIST. (REGISTERED OWNER
              OF VEHICLE JCB EXCAVATOR BEARING REG.NO.KL-50-9526)

              BY ADVS.
              SRI.SHOBY K.FRANCIS
              SMT.MISHAL M.DASAN



RESPONDENTS:

     1        DISTRICT GEOLOGIST
              OFFICE OF THE GEOLOGIST, DEPT. OF MINIG AND GEOLOGY,
              PALAKKAD DIST- 679 101

     2        VILLAGE OFFICER
              NEMMARA VILLAGE, NEMMARA P.O. PALAKKD- 678 508

     3        SUB INSPECTOR OF POLICE
              NEMMARA POLICE STATION, NEMMARA P.O. PALAKKAD- 678 508

BY ADV.

              SRI. B.S. SYAMANTAK, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7082 OF 2017


                                 2


              P.V.KUNHIKRISHNAN, J.
          --------------------------------------------
               W.P.(C) No.7082 of 2017
         ----------------------------------------------
       Dated this the 04th day of April, 2024



                           JUDGMENT

The above writ petition is filed with the following

prayers:

"i. Issue a writ of certiorari and quash Exhibit P-4 and its all further proceedings.

ii. Issue a writ of mandamus directing the 1st respondent to release the petitioner's vehicle JCB Excavator bearing registration Reg. No. KL- 50-9526 to petitioner, provisionally as per the Exhibit P-3 Judgment, forthwith.

iii. Issue such other relief as this Hon'ble Court may think deem fit and award cost of this Petition to the petitioners." SIC

2. Exhibit P4 is mainly challenged in this writ WP(C) NO. 7082 OF 2017

petition. In Ext.P4, the Geologist only directed to

assess the value of the vehicle. No interim order is

passed by this Court in this case. Probably, the final

order might have been passed by the authority

concerned. If any final order is passed, the petitioner

is free to challenge the same, in accordance with law.

With the above observation, this Writ Petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 7082 OF 2017

APPENDIX OF WP(C) 7082/2017

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO.KL-50- 9526 DATED 26-10-2009

EXHIBIT P2 TRUE COPY OF THE SEIZURE MAHAZAR DATED 26-01-2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC NO.3659/2017 DATED 7-2-2017

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 16-2-2017 ISSUED BY THE 1ST RESPONDENT TO THE JOINT RTO, CHITTOOR

EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 15-2-2017 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE