The High Court of Kerala dismissed the writ petition as withdrawn by the petitioner with liberty to move the appropriate statutory forum, leaving factual and legal questions open.
Writ petition dismissed as withdrawn with liberty to move the appropriate statutory forum.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 18TH DAY OF JUNE 2019 / 28TH JYAISHTA, 1941
WP(C).No.7593 of 2019
PETITIONER:
DEENA PANICKER AGED 60 YEARS W/O. LATE VASAVA PANICKER, POOTHARA KUZHAKKINEZHATH, THANNEERMUKKOM VILLAGE, CHERTHALA-688 524
BY ADV. SMT.PREETHA ANIL RAVEENDRAN
RESPONDENTS:
*** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 26.3.2019 IN I.A.NO.1/2019.**
4 BRANCH MANAGER, TATA MOTORS FINANCE LTD., J AND J COMPLEX, II FLOOR,VCSB ROAD, MULLACKAL P.O., ALAPPUZHA-688 011
BY ADVS.
R2 & R3 BY SMT.RASHMI.K.M,GOVERNMENT PLEADER R4 BY ADV.SRI.P.FAZIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7593 of 2019
2
JUDGMENT
This writ petition is filed by the petitioner
seeking the following reliefs:
i) call for the records, relating to Ext.P1 to P5 and issue a writ or appropriate direction to the respondents to re-deliver the vehicle (Super ACE) of the petitioner bearing registration No.KL-32 G 5645 to the petitioner.
ii) issue a writ or appropriate direction to the second respondent to take urgent action on Exts.P4 and P5 to take custody of the vehicle (Super ACE) bearing registration No.KL-32 G 5645 by search and seizure.
I.A No.2/2019 is filed seeking permission to withdraw
the writ petition with liberty to move before appropriate Forum.
Therefore, the writ petition is dismissed as
withdrawn, leaving open the liberty of the petitioner to move before the appropriate statutory Forum. All
questions of facts and law raised in this writ petition are left open.
Sd/-
SHAJI P.CHALY
Smv 18.6.2019
JUDGE
WP(C).No.7593 of 2019 3
Deena Panicker
State of Kerala
Sub Inspector of Police, Muhamma
Superintendent of Police, Alappuzha
Branch Manager, Tata Motors Finance Ltd.
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
