Kerala High Court
Anwar vs The Inspector Of Police on 29 May, 2024
WP(C) No.17741/2024 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. 17741 OF 2024
PETITIONER:
ANWAR, AGED 42 YEARS, SON OF ABDUL RASHEED, PUTHENPURAKKAL,
PANAVALLY P.O., PANAVALLY VILLAGE, CHERTHALA TALUK, ALAPPUZHA
DISTRICT-(OWNER OF TIPPER LORRY BEARING REGISTRATION NO.KL-24-
B-9680),PIN - 688566
RESPONDENTS:
1. THE INSPECTOR OF POLICE, KUTHIYATHODU POLICE STATION, ALAPPUZHA
DISTRICT, PIN - 688533
2. THE DISTRICT COLLECTOR CIVIL STATION WARD, ALAPPUZHA DISTRICT, PIN -
688001
3. THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN -
688013
4. THE VILLAGE OFFICER, KUTHIYATHODU VILLAGE, ALAPPUZHA DISTRICT, PIN -
68853
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-24-B-9680 unconditionally forthwith
since the seizure is illegal 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.17741/2024 2/3 Order Date : 29-05-2024
MOHAMMED NIAS C.P, J.
========================
W.P.(C.) No. 17741 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 10.06.2024 along with W.P.C. 17752 of 2024.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU
WP(C) No.17741/2024 3/3 Order Date : 29-05-2024
APPENDIX OF WP(C) 17741/2024
Exhibit P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 21.3.2024
PREPARED BY THE FIRST RESPONDENT
Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 25.3.2024
SUBMITTED BY THE FIRST RESPONDENT BEFORE THE SECOND
RESPONDENT REGARDING THE SEIZURE OF VEHICLE OF
PETITIONER
Exhibit P3 TRUE COPY OF THE ORDER DATED 16.7.2021 ISSUED BY THE
THIRD RESPONDENT
Exhibit P4 TRUE COPY OF THE JUDGMENT REPORTED IN SIRAJ VS.
DISTRICT COLLECTOR 2023 KLT ONLINE 2091
Exhibit P5 . TRUE COPY OF THE JUDGMENT OF THE HONOURABLE HIGH
COURT OF KERALA IN ELDHOSE MANI VS SUB INSPECTOR
REPORTED IN 2022(5) KLT 796
Exhibit P6 TRUE COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT
OF KERALA IN DEEPU VS. DISTRICT COLLECTOR REPORTED IN
2022(4) KLT 583
Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED 23.11.2023 IN WPC
NO.38331 OF 2023
Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT
DATED 11.12.2023 IN WPC NO.38331 OF 2023
