The Kerala High Court ordered the modification of conditions regarding vehicle valuation and security deposit in a criminal miscellaneous petition filed by St. Joseph Granites against a lower court order.
Modifications in condition (a) for vehicle valuation by Motor Vehicle Department and condition (b) for security deposit based on valuation.
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 B.KEMAL PASHA
WEDNESDAY, THE 3RD DAY OF FEBRUARY 2016/14TH MAGHA, 1937
Crl.MC.No. 429 of 2016
CRL.M.P.NO.8133/2015 IN O.R.NO.10/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THRISSUR
PETITIONER(S)/PETITIONER :
ST.JOSEPH GRANITES, REPRESENTED BY ITS MANAGING PARTNER, JOSE K.FRANCIS, S/O.K.C.FRANCIS, AGED 54 YEARS, ACHANKUNNU, VALAKKAVU, MULAYAM P.O., THRISSUR - 680 751.
BY ADVS.SRI.T.C.SURESH MENON
SRI.P.S.APPU SRI.A.R.NIMOD
RESPONDENT(S)/NOT PARTY/RESPONDENT :
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 030.
2. THE DEPUTY RANGE FOREST OFFICER, FOREST STATION, MANNAMANGALAM, THRISSUR - 680 014.
BY SPL. GOVERNMENT PLEADER SRI.M.P.MADHAVANKUTTY (FOREST)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Crl.MC.No. 429 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE-A: TRUE COPY OF THE QUARRYING LEASE ISSUED BY THE GOVERNMENT OF KERALA DATED 18.01.2012. ANNEXURE-B: TRUE COPY OF THE CONSENT TO OPERATE DATED 26.06.2014.
ANNEXURE-C: TRUE COPY OF THE RENEWED AND EXTENDED THE CONSENT VARIATION ORDER DATED 27.05.2015. ANNEXURE-D: TRUE COPY OF THE INTERIM ORDER IN W.P.(C).NO.39470/2015 ON THE FILE OF THIS HONOURABLE COURT DATED 23.12.2015.
ANNEXURE-E: TRUE COPY OF THE INTERIM ORDER IN W.P.(C).NO.394/2016 ON THE FILE OF THIS HONOURABLE COURT DATED 13.01.2016.
ANNEXURE-F: TRUE COPY OF THE ORDER NO.RC3/36/2016/LSGD ISSUED BY THE GOVERNMENT DATED 21.01.2016.
ANNEXURE-G: TRUE COPY OF THE ORDER IN CRL.M.P.NO.8133/2015 IN O.R.NO.10/2015 ON THE FILE OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE - III, THRISSUR DATED 14.01.2016.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE.
Msd.
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 429 of 2016
............................................................... Dated this the 3rd day of February, 2016
O R D E R
The petitioner is aggrieved by condition Nos. (a) and
(b) imposed by the court below in Annexure-G order. On hearing either side, this Court is of the view that condition (a) can be modified as follows:
“The court below shall obtain the
valuation of the vehicles from the
Motor Vehicle Department.”
Condition (b) is modified as follows:
The petitioner shall furnish security
for the amount of valuation of the
vehicle before the court below. The
petitioner shall produce the Fixed
CRL.M.C.No. 429 of 2016
-: 2 :-
Deposit receipts for the said amount of valuation on which lean of the court below is noted by the concerned Bank.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
1 issue framed by the court
Whether the conditions imposed in Annexure-G order can be modified regarding vehicle valuation and security.
St. Joseph Granites
The State of Kerala
The Deputy Range Forest Officer
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
