Disposed

Niyasudheen v. the Tahasildar

Kerala HC20 Dec 2021WP(C)/1219/2013

Case brief

AI extract

What is this about?

Petitioner's vehicle seized with sand pursuant to Ext.P3 released under interim order. Court directed continued release of vehicle with sand until Ext.P3 proceedings disposed of, reserving liability for adverse decision.

What did the court decide?

The writ petition was disposed of by directing that the vehicle with sand loaded therein continue to be released to the petitioner under the prior interim order until proceedings pursuant to Ext.P3 ar

Niyasudheen Vs the Tahasildar — Writ and Judicial Review | Kerala HC (2021)

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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 MURALI PURUSHOTHAMAN MONDAY, THE 20^TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943 WP(C) NO. 1219 OF 2013

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PETITIONER:

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NIYASUDHEEN AGED 27 YEARS S/O. KAMARUDHEEN, PUTHENTHARAYIL, MAINAGAPPILLY P. O, KUNNATHUR TALUK, KOLLAM DISTRICT (OWNER OF A LORRY BEARING REGISTRATION NUMBER KL-19-B-1243).

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BY ADV SRI. P.M. ZIRAJ

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RESPONDENTS:

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1 THE TAHASILDAR KUNNATHUR TALUK, TALUK OFFICE, SASTHAMKOTTA, KOLLAM - 690 521. 2 THE SUB INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU, ACB, KOLLAM DISTRICT, PIN - 690 521. 3 CIRCLE INSPECTOR OF POLICE SASTHAMKOTTA, KOLLAM - 690 521. 4 WEST KALLADA GRAMA PANCHAYAT REPRESENTED BY SECRETARY, WEST KALLADA P. O, KOLLAM - 691 502. 5 THE DISTRICT COLLECTOR CIVIL STATION, KOLLAM - 690 521. BY ADVS. SRI. FAISAL - GP SRI. BINU GEORGE SMT. HEMALATHA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.1219 OF 2013

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JUDGMENT

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The vehicle KL-19-B-1243 of the petitioner was seized by the 2^nd respondent with sand loaded therein and proceedings were initiated in pursuance to Ext.P3 report. The petitioner approached this Court for a direction directing the respondents to release the vehicle with sand load.

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The case of the petitioner is that, the vehicle was transporting sand on the basis of Ext.P2 pass issued by the 4^th respondent. Pursuant to the interim order dated 18.01.2013 of this Court, the vehicle with loaded sand was released to the petitioner on executing a simple bond and on condition that the petitioner will not alienate the vehicle nor cause to deteriorate the value of the vehicle during the pendency of the writ petition.

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When the matter came up for further consideration today, the learned counsel for the petitioner submits that the proceedings pursuant to Ext.P3 is not so

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W.P.(C) NO.1219 OF 2013

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far finalised. In the statement filed on behalf of the 1^st respondent it is stated that the proceedings are not finalised due to the pendencey of this writ petition. This writ petition has been pending before this Court from 2013. The petitioner's case is that the seizure under Ext.P3 is without authority and jurisdiction.

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Since, the vehicle along with the sand loaded

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therein are already released to the petitioner pursuant to the directions of this Court dated 18.01.2013, the said direction will continue to be in force till the proceedings pursuant to Ext.P3 is disposed of. If the issue is decided

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against the petitioner, he will meet the liability as per law.

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The writ petition is disposed of with the above direction.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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W.P.(C) NO.1219 OF 2013

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE BEARING REGISTRATION NO.KL19-B-1243. EXHIBIT P2 TRUE COPY OF THE PASS DATED 29.11.2012 ISSUED BY THE FOURTH RESPONDENT PANCHAYAT TO THE VEHICLE OF THE PETITIONER. EXHIBIT P3 PHOTOCOPY OF THE REPORT DATED 29.11.2012 PREPARED BY THE SECOND RESPONDENT.

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RESPONDENTS'S EXHIBITS: NIL.

Niyasudheen v. the Tahasildar

Case brief

What is this about?

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Niyasudheen v. the Tahasildar

Case brief

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