The Court directed the District Collector to finalize proceedings regarding the seizure of the petitioner's vehicle after an opportunity for a hearing within two weeks, invoking a prior judgment on agricultural vehicle definitions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 14428 OF 2023
PETITIONER:
SUGATHAN K.S.,AGED 37 YEARS
S/O.SANKARANKUTTY, KACHERIVALAPPIL HOUSE,
THEKKUMKARA P.O., THRISSUR DISTRICT, PIN - 680589
BY ADV BABU S. NAIR
RESPONDENTS:
1 THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT, PIN - 6800032 THE STATION HOUSE OFFICER CHERUTHURUTHY POLICE STATION, THRISSUR DISTRICT, PIN - 679531BY SR.GP - JOBY JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.14428 of 2023 2
VIJU ABRAHAM, J.
W.P.(C) No.14428 of 2023
................................................................. Dated this the 23rd day of August, 2023
JUDGMENT
The petitioner has approached this Court seeking release of the goods carriage/mini lorry bearing registration No.KL-09T-688 to him forthwith unconditionally. Petitioner submits that there is no violation of any provision of law.
WP(C) No.14428 of 2023 3
the judgment of this Court in Subramonian Namboothiri v. District Collector, Malappuram, 2020 (6) KLT 743 . The 1st respondent while taking a final decision in the matter shall also advert to all the contentions raised by the petitioner and also take into consideration the judgment of this Court in Subramonian Namboothiri ’s case supra.
With the abovesaid direction the writ petition is disposed of.
Sd/-
VIJU ABRAHAM
cks
WP(C) No.14428 of 2023 4
APPENDIX OF WP(C) 14428/2023
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE PHOTOGRAPH OF THE
WORK WHICH WAS UNDERTAKEN FOR THE
CONSTRUCTION OF THE ROAD
Exhibit P2A TRUE COPY OF THE SEIZURE MAHAZAR
PREPARED BY THE 2ND RESPONDENT DATED,
11-4-2023
1 issue framed by the court
Whether the petitioner is entitled to unconditional release of the seized goods carriage.
Colour shows how this judgement treated each authority
Subramonian Namboothiri v. District Collector, MalappuramRelied on¶23
Subramonian Namboothiri v. District Collector, Malappuram, 2020 (6) KLT 743
1 provisions across 1 enactments
SUGATHAN K.S.
THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE
THE STATION HOUSE OFFICER CHERUTHURUTHY POLICE STATION
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court