IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 6724 of 2011(M) ------------------------- PETITIONER(S): --------------- ABRAHAM THOMAS, S/O.LATE K.K.THOMAS, AGED 75, KAYYALAKKATHU HOUSE, MANJADI, THIRUVALLA, PATHANAMTHITTA-689 105. BY ADV. SRI.SHAJI P.CHALY SRI.S.GOPAKUMAR SRI.R.SANJITH RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, FINANCE DEPARTMENT, DEPARTMENT OF REVENUE, ROOM NO.77-A, NORTH BLOCK, NEW DELHI, PIN-110 001. 2. DIRECTOR GENERAL, DIRECTORATE OF REVENUE INTELLIGENCE, 7TH FLOOR, D BLOCK, I.P.BHAVAN, I.P.ESTATE, NEW DELHI, PIN-110 011. 3. THE JOINT DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE, REGIONAL UNIT-KOCHI, NO.40/522, KAYTHOTH ROAD, PALARIVATTOM, COCHIN-682 025. 4. SIVAPRASAD.K.K., S/O.KUNJUMANY, KOVILPARAMBIL HOUSE, LOKAMALESWARAM VILLAGE, KAVILKADAVU, KODUNGALLOOR, TRICHUR-680 664. ADV. SMT.K.S.SUMITHA FOR R4 SMT.LIJITTA G.MATHEW SRI.C.P.UDAYABHANU FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the claim petition submitted by the petitioner dated 27.1.2011. Ext.P2. True copy of the photographs taken at the time of seizing the idols by the CBI Ext.P3. True copy of the certificate issued by the Archaeological Survey dated 10.1.2001. Ext.P4. True copy of the judgment of the learned Chief Judicial Magistrate Court in CC 763/02 dated 31.12.07 Ext.P5. True copy of the memo issued by the CJM Court dt.25.5.2010. Ext.P6. True copy of th acknowledgment issued by CBI, Kerala Branch Dt. 25.5.2010. Ext.P7. True copy of the authorisation issued by the petitioner to Mr. Achuthan. // true copy // P.S to Judge ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.6724 OF 2011(M) -------------------------------------------------- Dated this the 15th day of March, 2011 J U D G M E N T Prayer sought in this writ petition is a direction to the 3rd respondent to release the idol of Lord Ganesha to the petitioner. 2. From the pleadings and submissions made, it is obvious that the idol was seized from the possession of the 4th respondent. Petitioner as well as the 4th respondent submits that the 3rd respondent has already issued a notice to the 4th respondent to come and collect the said idol from the 3rd respondent. There is no dispute between the petitioner and the 4th respondent regarding the right of the 4th respondent to collect the idol from the 3rd respondent. In that view of the matter, the writ petition is disposed of directing that if as stated by the petitioner and the 4th respondent notice has been issued to the 4th respondent, it will be open to the 4th respondent to collect the idol from the 3rd respondent. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :