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Rajeev Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2023)

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Kerala HC
2023
Rajeev Vs State of KeralaRajeev v. State of Kerala

Disposed

Rajeev v. State of Kerala

Kerala HC14 Jul 2023WP(C)/761/2013

Case brief

AI extract

What is this about?

Petitioner vehicle seizure challenge closed. Fine remitted and vehicles released via interim order making the interim order absolute.

What did the court decide?

the writ petition is closed by making the interim order for release of vehicles absolute.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

FRIDAY, THE 14^TH DAY OF JULY 2023 / 23RD ASHADHA, 1945

WP(C) NO. 761 OF 2013

PETITIONERS:

1 RAJEEV S/O. RAJU, RAJEEV BHAVAN, AREEKKARA, P.O. MULAKUZHA, CHENGANNUR, ALAPPUZHA DISTRICT.

2 ROBY VARGHESE S/O. VARGHESE, PARANKAMANVIL HOUSE, KUNNAMTHANAM P.O., MALLAPPALLY, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.ANCHAL C.VIJAYAN

RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

Parties & counsel

AI extract

petitioner
RAJEEV
petitioner
ROBY VARGHESE
respondent
STATE OF KERALA
respondent
THE DISTRICT COLLECTOR ALAPPUZHA
respondent
THE SUB INSPECTOR OF POLICE NOORANADU

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 14 Jul 2023 · July
Registered: 7 Jan 2013
Case no.: WP(C)/761/2013

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Cite this judgement

Rajeev v. State of Kerala, WP(C)/761/2013 (KL), decided on 14 July 2023.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

MOHAMMED NIAS C.P.

Parties & counsel

Outcome

the writ petition is closed by making the interim order for release of vehicles absolute.

Detailed headnote1 paragraphs

A writ petition challenging vehicle seizure and pending interim order for release of vehicles after payment of fine is closed by making the interim order absolute upon confirmation that the fine has been paid and vehicles released.

A compact analysis

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.

2 THE DISTRICT COLLECTOR ALAPPUZHA-690 504.

3 THE SUB INSPECTOR OF POLICE NOORANADU, ALAPPUZHA DISTRICT-690 504.

BY SRI. JUSTIN JACOB, SENIOR GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No. 761 OF 2013

2

JUDGMENT

The petitioners challenged Ext.P7, which led to the

seizure of his vehicles bearing Nos. KL-40-A-3909 and KL02-X-6826.

An interim order was passed on 22.01.2013, directing release of the vehicles on condition that the petitioners remit Rs.25,000/-, each for the vehicles before the concerned respondents/Sub Inspector of Police and on

executing a simple bond, undertaking to produce the vehicles as and when called for.

It is submitted by both sides that the fine amount

has been remitted and the vehicles are released to the petitioners. In that view of the matter, nothing remains for consideration in this writ petition.

Recording the above, this writ petition is closed making the interim order absolute.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

DCS/14.07.2023

W.P.(C) No. 761 OF 2013

3

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1: TRUE COPY OF THE CERTIFICATE OF REIGSTRATION OF KL-40-A-3909

EXHIBIT P2: TRUE COPY OF THE PERMIT OF KL-40-A3909 VIDE NO.PGD.30/388/2011 DATED 24.05.2011

EXHIBIT P3: TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-02-X-6826 TIPPER LORRY

EXHIBIT P4: TRUE COPY OF THE PERMIT OF THE VEHICLE NO. KL 02-X-6826 VIDE NO. PGD/28/619/2010

EXHIBIT P5: TRUE COPY OF THE CASH MEMORANDUM VIDE NO. 1622 DATED 01.01.2013 TO VEHICLE NO. KL-40-A3909

EXHIBIT P6: TRUE COPY OF THE CASH MEMORANDUM VIDE NO. 1623 DATED 01.01.2013 TO VEHICLE NO. KL-02-X6826

EXHIBIT P7: TRUE COPY OF THE REPORT AND MAHAZAR DATED 01.01.2013 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P8: TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT DATED 03.01.2013

Coram

AI extract

MOHAMMED NIAS C.P.

CNR

KLHC010439592013

Topic

Constitutional and Fundamental Rights

Bench

Mohammed Nias C.p.

Disposal

CLOSED

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