Moideenkutty vs The Revenue Divisional Officer on 22 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8047 of 2007(G)


1. MOIDEENKUTTY, S/O.MOHAMMED,
                      ...  Petitioner

                        Vs



1. THE REVENUE DIVISIONAL OFFICER,
                       ...       Respondent

2. THE DISTRICT COLLECTOR, MALAPPURAM.

3. THE STATION HOUSE OFFICER,

4. THE MOORKKANAD GRAMA PANCHAYATH,

5. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :22/03/2007

 O R D E R


                            PIUS C. KURIAKOSE,J.

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                            W.P.(C)No.8047 of 2007

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                            Dated: 22nd March, 2007


                                    JUDGMENT

Even though Mr.Sunny Mathew, counsel for the petitioner was

very persuasive in his submissions, I do not think that this court will

be justified in view of the facts disclosed from the statement dated

22.3.2007 filed by the Government Pleader in invoking this court’s

extra-ordinary jurisdiction under Article 226 of the Constitution of

India for directing immediate release of the vehicle. But I do find

some force in the submission of the counsel that in view of the

judgment of this court in Moosakoya v. State of Kerala (2005(4)

KLT 331), the District Collector will be bound to release the vehicle

pending adjudication. The petitioner is directed to file an application

for interim release of the vehicle and the load before the District

Collector. The District Collector will notice that this court in many

other matters have directed interim release of the vehicle directing

the owners of the vehicles to remit Rs.10,000/- by cash and also

filing an undertaking in the form of an affidavit to the effect that the

vehicles in good running condition will be produced if and when

directed in that regard by the District Collector or any other

competent authority. The District Collector will consider the

application to be submitted by the petitioner and pass orders within

W.P.C.No.8047/07 – 2 –

seven days of receiving the application taking due notice of the

principles laid down by this court in Moosakoya v. State of Kerala

(supra).The petitioner is also permitted to produce a copy of the

order in Crl.M.C.No.649 of 2007 before the District Collector so that

the said order can also be considered by the District Collector.

The Writ Petition will stand dismissed subject to the above

directions.

srd                                                      PIUS C.KURIAKOSE, JUDGE


Issu copy today itself.