IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 18702 of 2008(B) -------------------------- PETITIONER(S): --------------- ABRAHAM THATTUNGAL, S/O.KURIAKOSE, AGED 48 YEARS, PULIYANNUR P.O., PALA. BY ADV. SRI.V.C.JAMES SRI.GEORGE MECHERIL RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KASARAGODE. 2. THE REGIONAL TRANSPORT OFFICER, VADAKARA, KOZHIKODE DISTRICT. 3. THE SUB INSPECTOR OF POLICE, CHITTARIKKAL, KASARAGOD. BY GOVERNMENT PLEADER Mr.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 18702 OF 2008 ----------------------------------- Dated this the 23rd day of May 2009 JUDGMENT Pursuant to the default made by one Mr. T.K. Biju Mon in respect of the arrears payable under the Kerala Motor Vehicles Taxation Act, steps were taken by the concerned respondent leading to arrest and detention of the defaulter in civil prison and borne by Ext.R1(b) and R1(d) proceedings produced along with the counter affidavit of the first respondent. The main prayer in the writ petition filed by the brother of the defaulter is for issuance of a Writ of Mandamus directing release of the petitioner's brother from the Central Jail, Kannur. 2. It is seen that this court had passed an interim order on 20th June, 2008 after impleading the Superintendent of Central prison, suo- motu, as the additional 4th respondent, directing the respondents 1 to 4 to release Mr. T.K.Bijumon, brother of the petitioner, from custody, on condition that Mr.T.K. Bijumon, immediately upon being released, would execute a bond before the first respondent for appearance before the first respondent as and when required. No case has been put forth stating that the aforesaid T.K.Bijumon after releasing from the civil prison has not turned up to execute the bond or that he is absconding. 2 WPC 18702/2009 3. The learned Government Pleader, referring to R1(a) report certified by the concerned Tahsildar, submits that the enquiry revealed that the petitioner's brother Mr.Bijumon did not have any property in his name and that the property mentioned therein is standing in the name of the father of the said person. It is also stated that the defaulter has pleaded “no means” before the authorities concerned. This being the position, there is no point in proceeding with this case any further. 4. In the above circumstances, R(1)(d) order of detention passed by the 1st respondent is set aside. The Writ petition is closed accordingly. (P.R.RAMACHANDRA MENON, JUDGE) dnc