IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 33432 of 2006(E)
1. C.S. BASHEER, S/O. SEYTHUMOHAMMAD,
... Petitioner
Vs
1. THE KONNATHADY GRAMA PANCHAYATH,
... Respondent
2. THE SECRETARY,
3. THE VILLAGE OFFICER,
4. THE SUB INSPECTOR OF POLICE,
5. THE DISTRICT COLLECTOR,
For Petitioner :SRI.JOBI JOSE KONDODY
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :05/01/2007
O R D E R
PIUS C. KURIAKOSE,J.
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W.P.(C)No.33432 of 2006
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Dated: 5th January, 2007
JUDGMENT
Mr.Jobi Jose Kondody, counsel for the petitioner submits that
even though the petitioner had substantially complied with all the
conditions imposed by this court in its interim order dated 20th
December, 2006, the vehicle in question has not been released to the
petitioner so far. Counsel further submits that adjudication is
presently adjourned to next week. Having regard to the above
submissions and the submissions of Mr.Mathew G.Vadakkel, learned
Government Pleader, I am of the view that the Writ Petition itself can
be disposed of with the following directions:
1. The District Collector before finalising the adjudication proceedings
in respect of the vehicle in question willl hear the 1st respondent-
Panchayat also.
2. The vehicle in question will be released to the petitioner once the
petitioner files an affidavit before the District Collector in which he
undertakes to produce the vehicle in its present condition as and
when directed in that regard by the District Collector or any other
authority and also remits a sum of Rs.7500/- by cash with the District
Collector.
3. The 4th respondent will, on noticing copy of the affidavit and the
W.P.C.No.33432/06 – 2 –
original of the cash receipt, forthwith release the vehicle to the
petitioner realising that the interim order dated 20th December, 2006
stands superseded by this judgment.
The Writ Petition will stand disposed of as above. No costs.
srd PIUS C.KURIAKOSE, JUDGE