IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 19478 of 2011(H) -------------------------- PETITIONER(S) :- ------------------------ SHAMSUDHEEN, S/O.MOOSA, AGED 32 YEARS, THALAPPIL HOUSE, ALANKODU P.O., PONNANI TALUK, MALAPPURAM DISTRICT (OWNER OF THE TIPPER LORRY BEARING REGISTRATION NO.KL-54-5975). BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S) :- --------------------------- 1. THE ASSISTANT SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION, PALAKKAD, PIN - 678014. 2. DISTRICT COLLECTOR, PALAKKAD DISTRICT, PIN - 678014. GOVT. PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.19478 OF 2011 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the mahazar prepared by the first respondent dated 21.4.2010. Ext.P2 :- Copy of the order dated 11.5.2010 passed by the second respondent. Ext.P3 :- Copy of the application submitted by the petitioner before the second respondent dated 4.6.2010. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge P.R.RAMACHANDRA MENON, J. ------------------------------------------- W.P.(C) No.19478 of 2011 ------------------------------------ Dated this the 19th day of July 2011 J U D G M E N T The petitioner is challenging Ext.P2 order passed by the 2nd respondent on 11.5.2010. The case of the petitioner is that the vehicle bearing No.KL-54-5975 was seized by the first respondent on 21.4.2010 alleging involvement in some offence connected with the transportation of red earth without any valid pass. The case is that the concerned respondents do not have any right or authority to pursue the relevant proceedings. 2. Heard the learned Government Pleader as well. 3. Going by the admitted facts and materials on record, the attempt of the petitioner is to revive the proceedings which have already become final by virtue of Ext.P2 dated 11.5.2010. This Court finds that the cause of action projected in this writ petition has become stale and it W.P.(C) No.19478 of 2011 -: 2 :- does not turn to be a fit case, where the discretionary jurisdiction of this Court under Article 226 is to be extended. In the circumstance, interference is declined and the writ petition is dismissed. P.R. RAMACHANDRA MENON, JUDGE. Jvt