Muhammadali vs The Sub Inspector Of Police
2024 Latest Caselaw 15821 Ker

Kerala High Court

Muhammadali vs The Sub Inspector Of Police on 6 June, 2024

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
         THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                             WP(C) NO. 12516 OF 2024
PETITIONER:

     1        MUHAMMADALI
              AGED 33 YEARS
              SON OF ABDUL HAMEED, PANICHIKKAL HOUSE,
              IRUMBILIYAM P.O., TIRUR TALUK,
              MALAPPURAM DISTRICT, PIN - 679572
              (OWNER OF MAHINDRA LGV GOODS CARRIER BEARING REGISTRATION
              NO. KL-10-AA-5488)
              BY ADVS.
              P.M.ZIRAJ
              IRFAN ZIRAJ
              NAGY P.L.


RESPONDENTS:

     1        THE SUB INSPECTOR OF POLICE
              TIRUR POLICE STATION, MALAPPURAM DISTRICT, PIN - 676101
     2        THE DEPUTY SUPERINTENDENT OF POLICE
              TIRUR, MALAPPURAM DISTRICT, PIN - 676101
     3        THE REVENUE DIVISIONAL OFFICER
              TIRUR, MALAPPURAM DISTRICT, PIN - 676101

              BY ADV.SRI.AJITH VISWANATHAN, GP


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No.12516 of 2024


                                     2



                        C.JAYACHANDRAN, J.
                  ------------------------------------
                     W.P.(C.) No.12516 of 2024
                  ------------------------------------
                Dated this the 06th day of June, 2024

                                JUDGMENT

The petitioner approached this Court with the

allegation that his vehicle was illegally seized, alleging

violation of the the Kerala Protection of River Banks and

Regulation of Removal of Sand Act, 2001 and the Kerala

Minor Mineral Concession Rules. The petitioner's

contention is to the effect that the vehicle was empty at

the time of seizure, wherefore, the petitioner is entitled

to the benefit of law declared by the Division Bench of

this Court in District Collector v. Unais (judgment dated

29.03.2023 in W.A. No.609/2023), which is carried from

the judgment of a learned Single Judge in Unais v.

District Collector [2023 (1) KLT 651].

2. As per the interim order passed by this Court

dated 04.04.2024, the vehicle in question was released

to the petitioner.

In the circumstances, nothing survives in this Writ

Petition, wherefore, this Writ Petition is closed.

Sd/-

C. JAYACHANDRAN

JUDGE SKP/06-06

APPENDIX OF WP(C) 12516/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. NO.1664/2023 DATED 15.12.2023 OF TIRUR POLICE STATION EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED 30.1.2024

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 5.2.2024

EXHIBIT P4 TRUE PHOTOGRAPHS OF THE EMPTY VEHICLE OF PETITIONER PARKED NEAR OFFICE OF THE SECOND RESPONDENT RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE