Abdhusalam vs The Tahsildar on 26 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10377 of 2007(I)


1. ABDHUSALAM, S/O MUHAMMAD,
                      ...  Petitioner

                        Vs



1. THE TAHSILDAR,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE SUB INSPECTOR OF POLICE,

4. THE KEEZHUPARAMB GRAMA PANCHAYAT,

5. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :26/03/2007

 O R D E R
                                        PIUS C. KURIAKOSE, J.

                                     --------------------------------------

                                       W.P.(C) No.10377 of 2007

                                     --------------------------------------

                                          DT. MARCH 26, 2007


                                                JUDGMENT

Government Pleader takes notice on behalf of respondents 1 to 3. Heard both

sides.

2. Since the 2nd respondent is the adjudicating authority and since the

adjudication is apparently going on, this writ petition will stand disposed of at this stage

with the following directions:-

The 2nd respondent will finalise the adjudication proceedings at his earliest and,

at any rate, within four months of receiving copy of this judgment. In the meanwhile if

the petitioner prefers an application before the 2nd respondent for immediate release of

his vehicle having registration No.KL 11A 6702 and the sand pending adjudication

before the 2nd respondent, the 2nd respondent will pass early orders on the same, that is,

within seven days of registration of the interlocutory application. Decision will be taken

by the 2nd respondent on that application for interim reliefs taking into account the

judgment of this court reported in Moosakoya v. State of Kerala – 2005 (4) KLT 331

and also the judgment of the Supreme Court reported in Sunderbai Ambalal Desai v.

State of Gujarat – SC 2003 (2) KLT 1089 and any other judicial pronouncement which

may be cited by the petitioner before the 2nd respondent in support of his application.

As far as possible the District Collector will take note of the conditions which used to be

imposed by this court while passing interim orders of release of vehicles involved in

similar cases pending adjudication by the District Collector.

PIUS C. KURIAKOSE, JUDGE.