IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33019 of 2010(B)
1. RAHIM, AGED 48 YEARS, S/O. ABDULLA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.V.VENUGOPALAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :29/10/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 33019 OF 2010 (B)
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Dated this the 29th day of October, 2010
J U D G M E N T
The challenge in the writ petition is against Ext.P8, an order
passed by the 2nd respondent giving interim custody of the vehicle
bearing Regn.No.KL-07/F-7261 to the petitioner. On an earlier
occasion, the petitioner had approached this Court and by Ext.P7
judgment in WP(C) No.7480/10, the case was disposed of
directing the 2nd respondent to pass final orders in the matter. The
complaint of the petitioner is that though Ext.P7 judgment was
rendered as early as on 9/3/2010, instead of passing final order as
directed therein, only Ext.P8 order giving interim custody was
passed.
2. If as stated by the petitioner, his compliant is regarding
non compliance of the directions in Ext.P7 judgment, the remedy
of the petitioner was to have moved under the provisions of the
Contempt of Courts Act rather than filing a fresh writ petition.
Therefore, that grievance of the petitioner cannot be examined in
this writ petition.
3. Be that as it may, having regard to the fact that
WPC No. 33019/10
:2 :
subsequent to Ext.P7 judgment, the Act itself has been amended
w.e.f. 14/6/2010 conferring power on the Sub Divisional
Magistrate to pass orders, it is directed that it will be open to the
petitioner to produce a copy of this judgment before the Sub
Divisional Magistrate concerned, who shall immediately
thereupon take action and pass final orders in the matter.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp