Muhammed Haneefa vs The District Geologist
2024 Latest Caselaw 13285 Ker

Kerala High Court

Muhammed Haneefa vs The District Geologist on 23 May, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
     THURSDAY, THE 23RD DAY OF MAY 2024/2ND JYAISHTA, 1946
                        WP(C) NO.9201 OF 2024
PETITIONER:

          MUHAMMED HANEEFA, AGED 40 YEARS,
          SON OF MOYIN MALLAPPILLY, MALLAPPILLY HOUSE,
          MEENARKUZHY, PAZHAMALLUR P.O., KODOOR VILLAGE,
          MALAPPURAM DISTRICT, PIN - 676506.

          BY ADVS.
          P.M.ZIRAJ
          IRFAN ZIRAJ
          VISHNU P.S.
          ABHIJITH P.A.
          SUMITHA SIV


RESPONDENTS:

    1     THE DISTRICT GEOLOGIST, DISTRICT OFFICE,
          DEPARTMENT OF MINING AND GEOLOGY,
          MALAPPURAM, PIN - 676121.

    2     THE INSPECTOR OF POLICE, KOLATHUR POLICE STATION,
          MALAPPURAM DISTRICT, PIN - 679338.

          BY ADV. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.9201 of 2024
                              - 2 -

                            JUDGMENT

Dated, this the 23rd May, 2024

Learned counsel for the petitioner would submit that

the seized vehicle has already been released

pursuant to an interim order passed by this Court.

2. Learned Government Pleader has no quarrel that

the vehicle seized was empty at the time of its

seizure. If that be so, the facts of this case is

squarely in the teeth of the judgment laid down by

this Court in Unais v. District Collector [2023 (1)

KLT 651], which has been upheld by the Division

Bench of this Court in W.A.No.609 of 2023.

3. The petitioner is entitled to the benefit of the

said judgments. Inasmuch as the vehicle has already

been released, no further orders are required.

Accordingly, this Writ Petition will stand

closed.

Sd/-

C.JAYACHANDRAN, JUDGE ww

- 3 -

APPENDIX OF WP(C) 9201/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF PETITIONER.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT REPORTED IN UNAIS VS DISTRICT COLLECTOR 2023 (1) KLT

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.