Muhammed Musthafa vs The Sub Inspector Of Police
2024 Latest Caselaw 14252 Ker

Kerala High Court

Muhammed Musthafa vs The Sub Inspector Of Police on 29 May, 2024

WP(C) No.17859/2024                      1/3                        Order Date : 29-05-2024

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
             Wednesday, the 29th day of May 2024 / 8th Jyaishta, 1946
                             WP(C) NO. 17859 OF 2024
   PETITIONER:

          MUHAMMED MUSTHAFA,AGED 54 YEARS SON OF
          HAMSA,POTTENKANDATHIL,MANKADA,MALAPPURAM, PIN - 679324.

   RESPONDENTS:

      1. THE SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION, MALAPPURAM
         DISTRICT, PIN - 676519
      2. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, MINI CIVIL
         STATION MANJERI P.O, MALAPPURAM, PIN - 676121


        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 5 machines and 2
   engine of the petitioner forthwith without imposing any condition since
   the seizure of the same by the second respondent is illegal, arbitrary and
   beyond his jurisdiction till the final disposal of above WP(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 and of GOVERNMENT
   PLEADER for the respondents, the court passed the following:
 WP(C) No.17859/2024                 2/3                Order Date : 29-05-2024




                          C.JAYACHANDRAN, J.
                  ------------------------------------
                   W.P.(C) Nos.17915 & 17859 of 2024
                  ------------------------------------
                      Dated, this the 29th May, 2024


                                O R D E R

The learned Government Pleader will produce a copy

of the Mahazar involved in these Writ Petitions,

after serving a copy to the petitioners.

Post 06.06.2024.

Sd/-Sd/-

C.JAYACHANDRAN JUDGE TR WP(C) No.17859/2024 3/3 Order Date : 29-05-2024

APPENDIX OF WP(C) 17859/2024 Exhibit P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 8.5.2024 PREPARED BY THE FIRST RESPONDENT Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 11.5.2024 SUBMITTED BY THE FIRST RESPONDENT BEFORE THE SECOND RESPONDENT Exhibit P3 TRUE COPY OF THE JUDGMENT REPORTED IN UNAIS VS DISTRICT COLLECTOR 2023 (1) KLT 651 Exhibit P4 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 P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 4.4.2023 IN WP(C) NO.11862 OF 2023 Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 20.7.2023 IN WP(C) NO.23536 OF 2023