Disposed

C.K.Koshy v. District Collector

Kerala HC9 Mar 2007WP(C)/7152/2007

Case brief

AI extract

What is this about?

This court, addressing a writ petition regarding the seizure of a lorry due to alleged violations of transportation rules, issued an interim order. The petitioner was directed to deposit Rs.10,000 and file an undertaking. The police were ordered to release the vehicle upon receipt of the deposit and affidavit, with the District Collector to complete adjudication within four months.

What did the court decide?

Release of the lorry and load upon deposit of Rs.10,000 and filing of an undertaking; adjudication to be completed within four months.

C.K.Koshy Vs District Collector — Writ and Judicial Review | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE

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FRIDAY, THE 9TH MARCH 2007 / 18TH PHALGUNA 1928

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WP(C).No. 7152 of 2007(B)

PETITIONER:

C.K.JOSHY, S/O. C.P.KRISHNAN, AGED 27 YEARS, CHANAYIL HOUSE, PORKULAM, THRISSUR DISTRICT.

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BY ADV. SRI.HARISH R. MENON

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RESPONDENTS:

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THE DISTRICT COLLECTOR, MALAPPURAM.

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THE TAHSILDAR, PONNANI TALUK, MALAPPURAM DISTRICT.

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TRIPRANGODE GRAMA PANCHAYATH, TRIPRANGODE, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY.

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THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, CHANGARAMKULAM, MALAPPURAM DISTRICT.

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R1, R2 & R4 BY ADV. SMT. T.B. RAMANI., GOVT. PLEADER.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE, J.

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W.P.(C) No. 7152 OF 2007

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Dated this the 22^nd day of February, 2007

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JUDGMENT

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The learned Government Pleader has placed before me a copy of the written instructions received from the Tahsildar. According to these instructions the Sub Inspector seized the vehicle because the driver was not able to produce the pass for transportation of river sand and since it was noticed that the relevant rules have been violated. It is further stated in the instructions that the matter has been reported to the District Collector for taking appropriate action. Sri.Harish R. Menon, counsel for the petitioner would invite my attention to Ext.P2 and submit that Ext.P2 permit was actually shown to the Sub Inspector who was not in a mood to look at it. I do not propose to consider the above controversy. However, I think that nobody gets benefit by making the lorry and load idle in the premises of the local police station. Accordingly, there will be an interim order in the following terms:

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The petitioner will remit a sum of Rs.10,000/- by cash with the 2^nd respondent. He will also file an affidavit before the 2^nd respondent undertaking to produce the lorry having registration No.KL-8/Y-6027 in good running condition before the 1^st respondent or any other competent authority as and when directed in that regard. Once the 4^th respondent

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WPC No.7152/2007

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receives the original of cash receipt and also the photostat copy of the affidavit submitted by the petitioner as directed above, he will release the tipper lorry and the load forthwith to the petitioner. The 1^st respondent-District Collector will complete the adjudication proceedings early, at any rate, within four months of receiving copy of this judgment. It is made clear that the release of the lorry and load as directed above will be subject to the final outcome of the adjudication proceedings before the 1^st respondent.

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PIUS C. KURIAKOSE, JUDGE

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btt

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WPC No.7152/2007

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C.K.Koshy v. District Collector

Case brief

What is this about?

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C.K.Koshy v. District Collector

Case brief

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