Dismissed

Brijesh v. the District Collector

Kerala HC14 Nov 2014WP(C)/11933/2013

Case brief

AI extract

What is this about?

This judgment addresses a Writ Petition where petitioners challenged an order imposing a condition prohibiting the alienation of their seized vehicles. The Court held that no offence was made out against the petitioners and directed the Revenue Divisional Officer to drop all further proceedings, disposing of the petition.

What did the court decide?

Direction to the Revenue Divisional Officer to drop all proceedings pursuant to Ext.P9.

Brijesh Vs the District Collector — Kerala HC (2014) — LawSathi Research

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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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 14TH DAY OF NOVEMBER 2014/23RD KARTHIKA, 1936

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WP(C).No. 11933 of 2013 (N)

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PETITIONER(S):

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

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1. BRIJESH, AGED 28 YEARS,

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S/O. BHARATHAN, 6/352, VALIYA VEETTIL HOUSE,

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PURATHUR POST, MANGALAM, TIRUR,

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MALAPPURAM DISTRICT.

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2. KRISHNA DAS, AGED 32 YEARS,

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S/O. VASU, POTTAYIL HOUSE, B.P.ANGADI POST,

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PARASSERI, THALAKKAD, TIRUR,

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MALAPPURAM DISTRICT.

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3. ABDUL GAFOOR, AGED 35 YEARS,

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S/O. MOHAMMED KUTTY, H.NO.11/257, NALAKATH HOUSE,

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TRIPRANGODE POST, TIRUR, MALAPPURAM DISTRICT.

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4. SAIFUDHEEN, AGED 24 YEARS,

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S/O. RAYINKUTTY, 7/409, KAYTTUPARAMBIL,

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TRIPRANGODE, PERUNTHALLUR, TIRUR,

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MALAPPURAM DISTRICT.

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BY ADV. SRI.K.P.SUDHEER

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RESPONDENT(S):

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

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1. THE DISTRICT COLLECTOR, MALAPPURAM - 676 505.

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2. THE REVENUE DIVISIONAL OFFICER,

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CIVIL STATION, TIRUR, MALAPPURAM DISTRICT,

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PIN - 676 101.

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3. THE ADDITIONAL TAHSILDAR,

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CIVIL STATION, TIRUR, MALAPPURAM DISTRICT - 676 101.

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4. THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, TIRUR, MALAPPURAM DISTRICT

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PIN - 676 101.

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BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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14-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 11933 of 2013 (N)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: TRUE COPY OF REGISTRATION CERTIFICATE OF IST PETITIONER'S VEHICLE NO.KL-10E 6498.

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EXHIBIT P2: TRUE COPY OF REGISTRATION CERTIFICATE OF 2ND PETITIONER'S VEHICLE NO.KL-54-6525.

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EXHIBIT P3: TRUE COPY OF REGISTRATION CERTIFICATE OF 3RD PETITIONER'S VEHICLE NO.KL-04-E-3182.

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EXHIBIT P4: TRUE COPY OF REGISTRATION CERTIFICATE OF 4TH PETITIONER'S VEHICLE NO.KL-07N 4381.

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EXHIBIT P5: TRUE COPY OF PASS DATED 25.3.2013 ISSUED TO IST PETITIONER'S VEHICLE BY THE PORT CONSERVATOR, PONNANI.

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EXHIBIT P6: TRUE COPY OF PASS DATED 25.3.2013 ISSUED TO 2ND PETITIONER'S VEHICLE BY THE PORT CONSERVATOR, PONNANI.

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EXHIBIT P7: TRUE COPY OF PASS DATED 25.3.2013 ISSUED TO 3RD PETITIONER'S VEHICLE BY THE PORT CONSERVATOR, PONNANI.

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EXHIBIT P8: TRUE COPY OF PASS DATED 25.3.2013 ISSUED TO 4TH PETITIONER'S VEHICLE BY THE PORT CONSERVATOR, PONNANI.

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EXHIBIT P9: TRUE COPY OF SEIZURE MAHAZAR DATED 25.3.2013 PREPARED BY THE 5TH RESPONDENT.

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EXHIBIT P10: TRUE COPY OF CMP NO.2736 OF 2013 DATED 8.4.2013 FILED BY THE PETITIONER UNDER SECTION 457 OF CODE OF CRIMINAL PROCEDURE BEFORE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, TIRUR.

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EXHIBIT P11: TRUE COPY OF CMP NO.2737 OF 2013 DATED 8.4.2013 FILED BY THE PETITIONER UNDER SECTION 457 OF CODE OF CRIMINAL PROCEDURE BEFORE JUDICIAL FIRST CLASSMAGISTRATE'S COURT, TIRUR.

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EXHIBIT P12: TRUE COPY OF CMP NO.2738 OF 2013 DATED 8.4.2013 FILED BY THE PETITIONER UNDER SECTION 457 OF CODE OF CRIMINAL PROCEDURE BEFORE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, TIRUR.

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EXHIBIT P13: TRUE COPY OF CMP NO.2739 OF 2013 DATED 8.4.2013 FILED BY THE PETITIONER UNDER SECTION 457 OF CODE OF CRIMINAL PROCEDURE BEFORE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, TIRUR.

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Msv/

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-2-

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-2-

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WP(C).No. 11933 of 2013 (N)

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EXHIBIT P14: TRUE COPY OF REPORT SUBMITTED BY THE 4TH RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, TIRUR (WROTE DOWN BY THE ADVOCATE APPEARING FOR THE PETITIONERS).

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EXHIBIT P15: TRUE COPY OF MEMO FILED BY THE 4TH RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, TIRUR (WROTE DOWN BY THE ADVOCATE APPEARING FOR THE PETITIONERS).

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EXHIBIT P16: TRUE COPY OF ORDER NO.E-2345/2013 (1) DATED 16.5.2013 ISSUED BY THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.S.TO JUDGE.

Ms v/

A.MUHAMED MUSTAQUE, J.

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*****************************************************

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W.P.(C) No.11933 of 2013

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*****************************************************

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Dated this the 14^th day of November, 2014

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JUDGMENT

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Petitioners’ vehicles bearing registration Nos.KL-10E

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6498, KL-54-6525, KL-04E-3182 and KL-07N 4381 have been seized alleging misuse of drinking water for washing sand kept in the vehicles. The vehicles have been taken into

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custody and have been released to the petitioners on executing bond. Ext.P16 is the order. It is stated in Ext.P16 that the petitioners shall not alienate the vehicles. Aggrieved

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by the imposition of condition against alienation, the petitioners have approached this Court.

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Considering the nature of the issues involved in the case,

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I am of the view that no offence could be made out against the petitioners and all the proceedings against the petitioners

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W.P.(C) No.11933 of 2013 2

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shall be dropped. There shall be a direction to the second respondent to drop all further proceedings pursuant to Ext.P9.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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Brijesh v. the District Collector

Case brief

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Brijesh v. the District Collector

Case brief

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