Kerala High Court
Azeez E.V vs The District Geologist on 27 March, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 12568 OF 2024
PETITIONER:
AZEEZ E.V.,AGED 40 YEARS
SON OF KUNJIMUHAMMED, EKOORATHVALAPPIL HOUSE,
SHUKAPURAM P.O., KUTTIPALA, EDAPPAL, MALAPPURAM
DISTRICT-(OWNER OF TIPPER LORRY BEARING REGISTRATION
NO. KL-53-A-9372), PIN - 679576
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 THE DISTRICT GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
PALAKKAD DISTRICT, PIN - 678001
2 THE SUB INSPECTOR OF POLICE
CHALISSERY POLICE STATION,
PALAKKAD DISTRICT, PIN - 679536
OTHER PRESENT:
GP - AJITH VISWANATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.03.2024, ALONG WITH WP(C).12591/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.12568 & 12591 of 2024 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 12591 OF 2024
PETITIONER:
MUHAMMED SALIM,AGED 36 YEARS
SON OF ABU, PANDARAVALAPPIL HOUSE, SHUKAPURAM P.O.,
KUTTIPALA, EDAPPAL, MALAPPURAM DISTRICT (OWNER OF
TIPPER LORRY BEARING REGISTRATION NO. KL-55-E-7515),
PIN - 679576
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 THE DISTRICT GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
PALAKKAD DISTRICT, PIN - 678001
2 THE SUB INSPECTOR OF POLICE
CHALISSERY POLICE STATION,
PALAKKAD DISTRICT, PIN - 679536
OTHER PRESENT:
GP - AJITH VISWANATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.03.2024, ALONG WITH WP(C).12568/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.12568 & 12591 of 2024 3
VIJU ABRAHAM, J.
.................................................................
W.P (C) NoS.12568 & 12591 of 2024
.................................................................
Dated this the 27th day of March, 2024
JUDGMENT
Petitioner has approached this Court seeking a direction to the 2 nd
respondent to release the vehicle bearing registration no.KL-53-A-9372.
Petitioner has approached this Court seeking a direction to the 2 nd
respondent to release the vehicle bearing registration no.KL-55-E-7515.
2. When the matter was taken up for consideration the learned
counsel for the petitioners submits that they want to contest the matter
and they will approach the jurisdictional Magistrate for getting their
vehicles on interim custody for which the respondents have to file a
complaint before the court concerned.
Therefore there will be a direction to the 2nd respondent to report
the seizure of the vehicles of the petitioners before the jurisdictional
Magistrate within a period of one week and after the report being filed,
the petitioners will be at liberty to approach the jurisdictional Magistrate
seeking interim custody of the vehicles and if any application is filed, the
same shall be considered and disposed of without any delay.
With the abovesaid direction the writ petitions are disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 12591/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SEIZURE MAHASAR DATED
16.3.2024 PREPARED BY THE SECOND
RESPONDENT
Exhibit P2 TRUE COPY OF THE JUDGMENT REPORTED IN
UNAIS VS DISTRICT COLLECTOR 2023 (1)
KLT 651
Exhibit P3 TRUE COPY OF THE JUDGMENT OF THE
DIVISION BENCH OF THIS HONOURABLE COURT
DATED 29.3.2023 IN W.A.NO.609 OF 2023
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 4.4.2023 IN
WP(C) NO.11862 OF 2023
Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 20.7.2023 IN
WP(C) NO.23536 OF 2023
APPENDIX OF WP(C) 12568/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SEIZURE MAHASAR DATED
16.3.2024 PREPARED BY THE SECOND
RESPONDENT
Exhibit P2 TRUE COPY OF THE JUDGMENT REPORTED IN
UNAIS VS DISTRICT COLLECTOR 2023 (1)
KLT 651
Exhibit P3 TRUE COPY OF THE JUDGMENT OF THE
DIVISION BENCH OF THIS HONOURABLE COURT
DATED 29.3.2023 IN W.A.NO.609 OF 2023
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 4.4.2023 IN
WP(C) NO.11862 OF 2023
Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 20.7.2023 IN
WP(C) NO.23536 OF 2023
