Judgment
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 -: 2 :- 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 invoice, belongs to the petitioner and that it was seized on 11.12.2022 and Exhibit P2 seizure mahazar was prepared. It is submitted that the 3rd respondent has reported the seizure to the 2nd
WP(C) NO.11205 OF 2023 -: 3 :- respondent by Exhibit P3 dated 31.01.2023. However, even thereafter, no steps had been taken with regard to the vehicle.
3.
The learned Government Pleader submits that it is clear from Exhibt P3 that the seizure had been duly reported to the 2nd respondent. It is submitted that in case the petitioner has any contentions with regard to the offence alleged to have been committed by him, it is for the petitioner to move the 2nd respondent for release of the vehicle.
I notice that the petitioner has not produced any material to show that he has approached the 2nd respondent for release of the vehicle. In the above view of the matter, in case the petitioner approaches the 2nd respondent with an appropriate representation, seeking release of the vehicle, the same shall be considered and appropriate orders passed by the 2nd respondent, in
WP(C) NO.11205 OF 2023 -: 4 :- accordance with law. Necessary steps shall be taken within a period of two weeks from the date on which the petitioner approaches the 2nd respondent with an appropriate representation for release of the vehicle.
This writ petition is ordered accordingly.
Sd/- ANU SIVARAMAN JUDGE SSK/30/03
WP(C) NO.11205 OF 2023 -: 5 :- APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE
COPY
OF
TAX
INVOICE
NO.
IE/GST/TI/13/17-18 DT.11-11-2017 Exhibit P2 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE JUNIOR SUPERINTENDENT F SECTION DT.
11-12-2022 Exhibit P3 TRUE COPY OF THE REPORT DATED 31-01-2023