Review petition held that as the seized vehicle was already released, no endorsement in the RC book is needed; District Collector must complete adjudication without delay.
No endorsement in RC book required; District Collector to complete adjudication; Petitioner may seek removal of any police endorsement based on adjudication result.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR SATURDAY, THE 1ST DECEMBER 2007 / 10TH AGRAHAYANA 1929
RP.No. 1166 of 2007(Y) ---------------------AGAINST THE JUDGEMENT/ORDER IN WPC.26032/2006 Dated 04/12/2006 ....................
: PETITIONER: ----------------------------
K.SANJEEV KUMAR, PAZHAYIDATHIL HOUSE, KURIYANNUR.
BY ADV. SRI.V.PHILIP MATHEW
RESPONDENTS: RESPONDENTS:
BY ADV. SMT.SMITHA SUKUMAR, GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 01/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR, J.
R.P.No.1166 of 2007
in WP(C) No. 26032 of 2006
Dated, this the 1st day of December, 2007
O R D E R
The writ petition was disposed of with direction to the District Collector to complete the adjudication, pertaining to seizure of vehicle with sand, under the Protection of River Banks and Regulation of Sand Mining Act. This Court ordered endorsement in the RC book “pending adjudication” to avoid sale of vehicle without purchaser knowing the pending case. However, in the review petition filed by the petitioner, it is stated that vehicle was already released through court orders even before the date of judgment. In other words, facts were not correctly stated in the Court when writ petition was argued. Since the vehicle is released, there is no need to make any endorsement in the RC book and it is for the District Collector to complete the adjudication under the Protection of River Banks and Regulation of Sand Mining Act without any delay. However, if police has made endorsement in the RC book, the petitioner can approach the District Collector to order removal of endorsement in the RC book, depending on the result of adjudication, if the adjudication is over.
(C.N.RAMACHANDRAN NAIR, JUDGE)
jg
1 issue framed by the court
Whether the writ petition order directing endorsement in the RC book remains necessary when the seized vehicle was already released prior to the judgment.
1 provisions across 1 enactments
K.SANJEEV KUMAR
STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF HOME AFFAIRS
THE CIRCLE INSPECTOR OF POLICE KOZHENCHERRY
THE SUB INSPECTOR OF POLICE KOIPURAM
C.N.RAMACHANDRAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
