Saji vs The State Of Kerala
2024 Latest Caselaw 15394 Ker

Kerala High Court

Saji vs The State Of Kerala on 5 June, 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
     WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                        WP(C) NO. 38644 OF 2016
PETITIONER/S:

          SAJI
          AGED 46 YEARS
          S/O DAMODHARAN, THUNDIL VEEDU, CHIRAKKADAVU, KAYAMKULAM

          BY ADV SRI.A.B.MOHANAKUMAR


RESPONDENT/S:

    1     THE STATE OF KERALA
          REPRESENTED BY THE HOME SECRETARY, SECRETARIATE,
          THIRUVANANTHAPURAM-695001

    2     THE SUB INSPECTOR OF POLICE
          KAYAMKULAM POLICE STATION, KAYAMKULAM-696101
OTHER PRESENT:

          SRI.B.S.SYAMANTAK, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.38644/2016

                                          2



                   P.V. KUNHIKRISHNAN, J.
              ================================
                     WP(C) No.38644 of 2016
             =================================
                 Dated this the 5th day of June, 2024


                                 JUDGMENT

The above writ petition is filed with the following prayers:

i) "A writ of mandamus, is other writ, direction or order, directive the respondents to allow the petitioner to collect and remove the sand unloaded from vehicle bearing Registration No. KL-7 AL-4401 (L.G.V. Mini Tipper) on 29.10.2016, on specified therein;

ii) Any other or further relief as may be necessary for the ends of justice, in the facts and circumstances of the case. [sic]

2. The writ petition is filed stating that even though the

vehicle is released, the load of sand in it, is not released by the

Police. The Government Pleader submitted that a case is

registered against the petitioner. If that is the case, the releasing

of sand will be subjected to the final decision in it. Therefore, no

orders can be passed in this writ petition.

Thus, the above writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE

SLR

APPENDIX OF WP(C) 38644/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER'S BROTHER, PRADEEP

EXHIBIT P2 TRUE COPY OF THE APPLICATION IN CMP NO.

7582/2016 BEFORE THE JFMC, KAYAMKULAM

EXHIBIT P3 TRUE COPY OF ORDER DATED 14/11/2016 OF THE JFMC, KAYAMKULAM IN CMP NO.