Kerala High Court
Anees vs The Deputy Tahasildar on 30 September, 2024
WP(C) No.29569/2024 1/4 Order Date : 30-09-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
Monday, the 30th day of September 2024 / 8th Aswina, 1946
WP(C) NO. 29569 OF 2024
PETITIONER:
ANEES, AGED 38 YEARS, SON OF ASSAINAR, CHULLIPARAMBIL HOUSE,
ANAKKARA P.O, ANAKKARA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT-
(OWNER OF LORRY BEARING REGISTRATION NO.KL-42- -0049), PIN-679551
RESPONDENTS:
1. THE DEPUTY TAHASILDAR, PATTAMBI TALUK OFFICE, PATTAMBI, PALAKKAD
DISTRICT, PIN-679303
2. THE TAHASILDAR (LR), PATTAMBI TALUK OFFICE, PATTAMBI, PALAKKAD
DISTRICT, PIN-679303
3. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT, CIVIL STAION, PALAKKAD,
PIN-678013
4. THE DISTRICT GEOLOGIST,CIVIL STATION, PALAKKAD, PIN-678013
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 third respondent to release the lorry of petitioner
bearing registration No. KL-42-B-0049 for interim custody on whatever
condition this honourable court may deem fit and proper in the interest of
justice and circumstances of the case during the pendency of the above
writ petition(C).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
25-09-2024 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.29569/2024 2/4 Order Date : 30-09-2024
W.P.(C)No.29569 of 2024
1
P.M.MANOJ, J.
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W.P.(C)No. 29569 of 2024.
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Dated this the 30th day of September, 2024
ORDER
The learned Govt. Pleader seeks time to get
instructions. Two weeks time is granted.
2. It is stated that already hearing is conducted.
The proceedings will be issued in short time. However the
counsel for the petitioner seeks for interim release of the
vehicle.
On considering the plea of the petitioner, it is
apposite to grant an interim order. There will be direction
to the petitioner to approach the 3 nd respondent District
Collector for the release of the vehicle. Since the District
Collector has conducted hearing in the matter, entire files
is with him. The District collector shall consider the
application for 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
WP(C) No.29569/2024 3/4 Order Date : 30-09-2024
conditions to ensure 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.
Sd/-
P.M.MANOJ
JUDGE
SM
WP(C) No.29569/2024 4/4 Order Date : 30-09-2024
APPENDIX OF WP(C) 29569/2024
Exhibit-P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 24.3.2024
PREPARED BY THE FIRST RESPONDENT
Exhibit-P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE THIRD RESPONDENT DATED 8.8.2024
Exhibit-P3 TRUE COPY OF THE ORDER OF THIS HONORABLE COURT DATED
29.05.2024 IN WPC NO. 17741 OF 2024
Exhibit-P4 TRUE COPY OF THE ORDER OF THIS HONORABLE COURT DATED
14.08.2024 IN WPC NO.13512 OF 2024
Exhibit-P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT
REPORTED IN SIRAJVS. DISTRICT COLLECTOR 2023 KLT ONLINE
