Abdul Salam vs. State Of Kerala Represented By Its Secretary

WP(C)/11205/2023HC KeralaGSTCNR KLHC01025074202330 March 2023Bench: HONOURABLE MRS. JUSTICE ANU SIVARAMAN5 pages
AI SummaryAllowed

Held

The Court directed the District Collector to consider any representation from the petitioner seeking release of the vehicle and pass appropriate orders within two weeks of its submission. It noted that the petitioner had not yet formally approached the District Collector for its release.

Facts

A hydraulic excavator belonging to the petitioner was seized on 11.12.2022, and the seizure was reported to the District Collector on 31.01.2023. The petitioner sought directions from the High Court for the District Collector to pass orders regarding the vehicle's custody, as no action had been taken since the seizure.

Key Issues

The key issue was whether the High Court should direct the District Collector to pass orders concerning the custody of a seized hydraulic excavator, given the delay since its seizure and reporting.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945 WP(C) NO. 11205 OF 2023 PETITIONER: ABDUL SALAM AGED 58 YEARS S/O FAHIMAKUTTI, PALAKURUSSI HOUSE, VALAPUZHA PO, PALAKKAD., PIN - 679336 BY ADV AJMAL P. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE , GOVERMENT OF KERALA , THIRUVANTHAPURAM, PIN - 695001 2 DISTRICT COLLECTOR PALAKKAD CIVIL STATION , PALAKKAD, PIN - 678013 3 TAHSILDAR (LAND RECORDS) TALUK OFFICE OTTAPALLAM, PIN - 679101 4 VILLAGE OFFICER NELLAYA VILLAGE NELLAYA VILLAGE , PALAKKAD, PIN - 680001 BY SRI.APPU.P.S-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO.11205 OF 2023 ANU SIVARAMAN, J. ========================= W.P.(C) No.11205 of 2023 ========================= Dated this the 30th day of March, 2023

JUDGMENT This writ petition is filed seeking directions to the 2nd respondent to pass orders with regard to the custody of a hydraulic excavator belonging to the petitioner.

2.

It is contended that the excavator covered by Exhibit P1

The judgment continues below.

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