IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1032 of 2010()
1. SAJITH KUMAR
... Petitioner
Vs
1. STATE OF KERALA AND OTHERS
... Respondent
For Petitioner :SRI.K.S.HARIHARAPUTHRAN
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :22/06/2010
O R D E R
C.N.RAMACHANDRAN NAIR &
P.S.GOPINATHAN, JJ.
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Writ Appeal Nos.1032 & 1033 of 2010
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Dated this the 22nd day of June, 2010.
JUDGMENT
Ramachandran Nair, J.
These Writ Appeals are filed against judgment of the learned
Single Judge directing release of the vehicle on payment of 50% of
value of the vehicle. In view of the different conditions imposed by
two Division Benches for release of vehicle pending adjudication, the
matter stands referred to Full Bench. However, we do not think every
case should be referred to Full Bench because Full Bench decision can
be followed by statutory authorities in the course of adjudication. We,
therefore, dispose of the Writ Appeals directing the District Collector
to release the vehicles on payment of Rupees twenty five thousand
(Rs.25,000/-) each for each vehicle and on deposit of the amount, the
Collector shall release the vehicles after arranging to make
endorsement in the RC book that release of vehicle is subject to
adjudication and that the vehicles shall not be sold by appellants until
final orders are passed by the Collector. The Collector is directed to
2
withhold adjudication proceedings until Full Bench pronounces
judgment in the matter and the adjudication subsequent to release order
should be in accordance with the judgment of the Full Bench. The
vehicles will be released on payment of the amount as stated and after
making endorsement in the RC book and after unloading the sand.
Issue photocopy today itself.
C.N.RAMACHANDRAN NAIR
Judge
P.S.GOPINATHAN
Judge
pms