IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10370 of 2007(H)
1. M.P.MOIDEEN KURIKKAL,
... Petitioner
Vs
1. KUTTIPURAM GRAMA PANCHAYATH,
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. THE DISTRICT COLLECTOR,
For Petitioner :SRI.ALEXANDER GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :02/04/2007
O R D E R
PIUS C. KURIAKOSE, J.
--------------------------
W.P.(C). NO. 10370 OF 2007
---------------------
Dated this the 2nd day of April, 2007
J U D G M E N T
Learned Government Pleader has not been able to get
instructions so far. In fact the file is not sent to the learned
Government Pleader Today. Since the learned counsel for the
petitioner submits that the Lorry and the load have been idling in
the presence of the 2nd respondent’s office for quite some time, I
am of the view that orders can be passed for interim release of
the Lorry pending adjudication by the 3rd respondent. Petitioner
is directed to remit cash Rs. 10,000/- with the 2nd respondent
against a receipt. Petitioner is also directed to file an affidavit
before the 2nd respondent undertaking to produce Lorry having
Registration No. KL-10 B 4644 in good running condition as and
when directed in that regard by the 3rd respondent or any other
competent authority. Once the 2nd respondent receives the
payment from the petitioner as directed above and notices that
the affidavit filed by the petitioner in response to the above
direction, he will forthwith release the vehicle having
WPC NO.10370/07 Page numbers
Registration No. KL-10 B 4644 together with the sand loaded
thereon to the petitioner. But it is made clear that the release as
directed above will be subject to the result of the adjudication
proceedings, which will be finalised by the 3rd respondent at his
earliest and at any rate within four months of receiving copy of
this judgment.
The writ petition is disposed of as above.
PIUS C. KURIAKOSE, JUDGE
vps
WPC NO.10370/07 Page numbers
KURIAN JOSEPH, JUDGE
OP NO.
JUDGMENT
21st DECEMBER, 2006