Petitioner sought direction to Police to release his vehicle. Court found no evidence the Police seized it; a finance company did. Petition dismissed for lack of material.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 19TH DAY OF MAY 2016/29TH VAISAKHA, 1938
WP(C).No. 12357 of 2012 (T)
PETITIONER :
P. RUFAID, AGED 30, S/O. HYDER, HASEENA MANZIL, KEEZHOOR AMSOM DESOM, THALASSERY TALUK.
BY ADVS.SRI.P.M.HABEEB SMT.FRINDA PAILY
RESPONDENT(S):
1. SUB INSPECTOR OF POLICE, IRITTY POLICE STATION, IRITTY.P.O., KANNUR DISTRICT, PIN-670 703
2. CIRCLE INSPECTOR OF POLICE, IRITTY, IRITTY.P.O., KANNUR DISTRICT-670 703
3. THE SUPERINTENDENCE OF POLICE, KANNUR-670 001, KANNUR DISTRICT.
4. M/S. UDAYA FINANCIES,
5. P.V. SHUKOOR,
R1 TO R3 GOVERNMENT PLEADER SRI.BABY THOMAS R4 BY ADV. SRI.K.RAJESH SUKUMARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).NO.12357/2012
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
P.V.ASHA J.
-------------------------------------------W.P.(C) No.12357 of 2012
--------------------------------------------- Dated this the 19th day of May, 2016
J U D G M E N T
The writ petition is filed for a direction to the respondents 1 to 3 to release the goods vehicle Mahindra Jeep No.KL 13/B 4395 to the petitioner from Iritty Police Station. The District Police Chief had by Ext.P5 letter informed the petitioner that there are no records available to show that the petitioner's vehicle was seized and kept in Iritty Police Station. At the same time, it was stated that on enquiry it was found that the finance company from which the petitioner had availed loan had seized the vehicle. The petitioner submits that this Court by Ext.P3 judgment, when he had approached this Court earlier, in respect of his vehicle, had directed disposal of the civil suit which was pending before the Munsiff's Court, Kuthuparamba in O.S.No.145/2002 and it was observed therein that the petitioner will be at liberty to approach
W.P.(C) No.12357 of 2012
2
the Superintendent of Police, Kannur in case appropriate orders were necessary in the matter.
W.P.(C) No.12357 of 2012
3
respondents from taking appropriate action in accordance
with law.
With the above observation, this writ petition is
dismissed.
Sd/-
P.V.ASHA, JUDGE.
AS/20/5/16
3 issues framed by the court
Whether this Court should issue a direction to the Police Authorities to release a seized vehicle to the petitioner in the absence of evidence proving seizure by respondents?
Whether the petitioner can maintain a writ petition seeking release of the vehicle seized by a finance company and disposed of by a civil court?
Whether the Court can grant the relief sought in the absence of material showing illegal seizure by the Police Authorities?
1 provisions across 1 enactments
P. Rufaid
Sub Inspector of Police, Iritty
Circle Inspector of Police, Iritty
Superintendent of Police, Kannur
M/s. Udaya Finances
P.V. Shukoor
P.V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
