Allowed

Abdurahimankutty v. State of Kerala

Kerala HC1 Apr 2009WP(C)/488/2009

Case brief

AI extract

What is this about?

High Court directed the District Collector to release the impounded tipper vehicle upon the petitioner remitting Rs.25,000 and executing a bond. Proceedings under the Kerala Anti Social Activities Act remain pending before the District Collector.

What did the court decide?

Petitioner directed to remit Rs.25,000 and execute a bond; vehicle to be released to him upon compliance; pendency of proceedings endorsed in registration certificate.

Abdurahimankutty Vs State of Kerala — Writ and Judicial Review | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

¶4

WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931

¶5

WP(C).No. 488 of 2009(G)

¶6

------------------------

¶7

PETITIONER(S): ------------------

¶8

ABDURAHIMANKUTTY, S/O.MOHAMMED, 550, PILAKKAL HOUSE, PARAPPUR, MALAPPURAM.

¶9

BY ADV. SRI.K.I.SAGEER

¶10

RESPONDENT(S):

¶11

-------------------

¶12

1. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

¶13

2. DISTRICT COLLECTOR, MALAPPURAM.

¶14

3. SUPERINTENDENT OF POLICE, MALAPPURAM.

¶15

4. C.I. OF POLICE, MALAPPURAM POLICE STATION, MALAPPURAM

¶16

GOVT.PLEADER SRI.P.N.SANTHOSH

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

ANTONY DOMINIC, J. ================ W.P.(C) NO. 488 OF 2009 (G)

¶19

=====================

¶20

Dated this the 1^st day of April, 2009

¶21

J U D G M E N T

¶22

The prayer sought in this writ petition is to direct the respondents to release the tipper bearing Regn.No.KL-10/S 1030, against which proceedings under the Kerala Anti Social Activities (Prevention) Act, 2007 has been initiated. Even going by the pleadings in this writ petition, proceedings are pending before the 2^nd respondent. Therefore, it is for the 2^nd respondent to finalise the proceedings.

¶23

In the meanwhile, it is directed that on the petitioner remitting an amount of Rs.25,000/- and also executing a bond before the 2^nd respondent undertaking to produce the vehicle and not to alienate or encumber the same during the pendency of the proceedings, it is directed that the vehicle shall be released to the petitioner. It is also directed that the pendency of the proceedings will be endorsed in the registration certificate also. It is clarified that this judgment does not in any manner interfere with the power of the 2^nd respondent in passing final orders in the proceedings.

¶24

Writ petition is disposed of as above.

¶25

ANTONY DOMINIC, JUDGE

¶26

Abdurahimankutty v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdurahimankutty v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dr. Xavier Mathew Vs State Public Infofrmation Officer and Oo

K.Raveendran Vs State of Kerala

M.S.Santhosh Vs Sub Inspector of Police

P.T.Hussain Vs Secretary,Regional Transport Authority

Sony George.B Vs the Joint Chief Contgroller of Explosive

G.Narayana Pillai Vs State of Kerala