Mrs. Moly Paulson vs. State Of Kerala - Kerala High Court, 14 November 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THUR AY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941 WP(C).No.29392 OF 2019(Y) PETITIONERS: 1 MRS. MOLY PAULSON PROPRIETRIX, THOMSONS PAPER PRODUCTS, MARKET ROAD, ERNAKULAM DISTRICT 682 035. 2 MRS. RESMI DENNY, PROPRIETRIX, THOMSONS PAPER PRODUCTS, MARKET ROAD, ERNAKULAM DISTRICT 682 035. BY ADVS. SRI.T.SANJAY SRI.M.R.JAYAPRASAD RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY L.S.G. DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2 THE MUNICIPAL SECRETARY, ELOOR MUNICIPALITY ELOOR FERRY ROAD, UDYOGAMANDAL, ELOOR, ERNKAULAM, KERALA 683 501. 3 THE STATION HOUSE OFFICER, ELOOR POLICE STATION, ELOOR, ERNAKULAM, KERALA 683 501. R2 BY ADV. SRI.K.S.ARUN KUMAR R2 BY ADV. SRI.JUSTINE JACOB OTHER PRESENT: GP. SMT. B. VINEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No. 29392 of 2019 -2- J U D G M E N T The petitioner had approached this Court seeking directions to the second respondent to release vehicle No. KL-07/CH 3421 with the damaged articles therein to the petitioner. It is submitted that the articles were damaged in the floods and were being taken to a godown of the petitioner for the purpose of assessment of the damages for claiming the amounts from insurers. It is stated that the second respondent had seized the vehicle and articles and refused to release the same.

It is submitted by the learned counsel appearing for the second respondent that the seizure had been effected and the matter was informed to the third respondent and FIR has been registered against the petitioner. It is stated that the vehicle and the articles therein are presently in police custody, and the petitioner will have to approach the police for release of the

W.P.(C) No. 29392 of 2019 -3- same.

In the above view of the matter, I am of the opinion that it is for the petitioner to approach the third respondent in whose custody the vehicle is presently said to be in, and to seek release of the same in accordance with law. The writ petition is ordered accordingly. ANU SIVARAMAN Ds 14.11.2019 JUDGE

W.P.(C) No. 29392 of 2019 -4- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1GST REGISTRATION CERTIFICATE WITH ANNEXURES. EXHIBIT P2OF TAX INVOICE FOR THE PURCHASE MADE ON 12.10.2019 AND 16TH ANTICIPATING DEEPAWALI. EXHIBIT P3OF REGISTRATION CERTIFICATE TAX TOKEN AND FITNESS CERTIFICATE OF VEHICLE KL-07/CH 3421. EXHIBIT P4OF INSURANCE POLICY CERTIFICATE. EXHIBIT P5OF INTIMATION GIVEN TO MANGER OF INSURANCE COMPANY. EXHIBIT P6OF REQUEST TO RELEASE THE VEHICLE TO THE PETITIONERS.