Sadik M.S vs The Inspector Of Police
2024 Latest Caselaw 14207 Ker

Kerala High Court

Sadik M.S vs The Inspector Of Police on 29 May, 2024

WP(C) No.17468/2024                        1/3                        Order Date : 29-05-2024

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.


                 Wednesday, the 29th day of May 2024 / 8th Jyaishta, 1946

                                 WP(C) NO. 17468 OF 2024
   PETITIONER:

          SADIK M.S., AGED 36 YEARS, SON OF SIDDIQUE, MAMBRA,
          KOODUNTHIRAPPULLY P.O., PIRAYIRI VILLAGE, PALAKKAD TALUK, PALAKKAD
          DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO.KL-40-9446), PIN -
          678004

   RESPONDENTS:

      1. THE INSPECTOR OF POLICE, KOTTAYI POLICE STATION, PALAKKAD DISTRICT,
         PIN - 678572
      2. THE DISTRICT COLLECTOR, PALAKKAD, KUNATHURMEDU, PALAKKAD DISTRICT,
         PIN - 678013
      3. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD
         DISTRICT, PIN - 678001


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the first respondent to release the vehicle of
   petitioner bearing registration no.kl-40-9446 unconditionally forthwith on
   the basis of Exhibit P2 judgment of this honourable court since there is
   no allegation that the vehicle of petitioner used or deemed to have been
   used for contravention of any of the provisions of act 28 of 2008 during
   the pendency of the above writ petition(c).


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. P.M.ZIRAJ & IRFAN ZIRAJ, Advocates for the petitioner, the court
   passed the following:
 WP(C) No.17468/2024                        2/3                         Order Date : 29-05-2024




                                MOHAMMED NIAS C.P, J.
                          ========================
                             W.P.(C.) No. 17468 of 2024
                          ========================
                         Dated this the 29th day of May, 2024


                                        ORDER

The learned Government Pleader is directed to file a statement.

In the meantime, it will be open to the petitioner to approach the

2nd respondent-District Collector, to whom the files have been forwarded

on 25.03.2024, seeking an interim release of the vehicle on execution of

a bond for the entire value of the vehicle. It will also be open to the

District Collector to impose such other conditions to see that the vehicle

is not transferred, and it remains in tact pending the proceedings before

him. If such an application is filed by the petitioner for an interim

release before the District Collector, orders shall be passed as directed

above within a week. It is made clear that the petitioner shall not be

involved in any illegal reclamation of paddy land/wet land.

Post on 19.06.2024.

Sd/-

MOHAMMED NIAS C.P

JUDGE

LU WP(C) No.17468/2024 3/3 Order Date : 29-05-2024

APPENDIX OF WP(C) 17468/2024 Exhibit P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 4.5.2024 PREPARED BY THE FIRST RESPONDENT Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HONORABLE COURT IN SIRAJ VS. DISTRICT COLLECTOR REPORTED IN 2023 KLT ONLINE 2091