IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 6750 of 2009(K) ------------------------- PETITIONER(S): --------------- K.SIVAPRASAD, MANGATTETHU HOUSE, ELIPPAKULAM P.O., VALLIKUNNAM, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAVEENDRAN SRI.ANIL KUMAR M.SIVARAMAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. E.S.JAMES, DEPUTY TRANSPORT COMMISSIONER, (SOUTHERN ZONE), OFFICE OF THE DEPUTY TRANSPORT COMMISSIONER, (S.2) THIRUVANANTHAPURAM. 3. ROY MATHEW.K., THE JOINT REGIONAL TRANSPORT OFFICER, ADOOR. 4. REJI VARGHESE, MOTOR VEHICLES INSPECTOR, OFFICE OF THE JOINT REGIONAL TRANSPORT OFFICER, ADOOR. 5. VINOD, ASSISTANT MOTOR VEHICLE INSPECTOR AND GENERAL SECRETARY, AMVI, ADOOR. 6. AJI.B, ASSISTANT MOTOR VEHICLES INSPECTOR, OFFICE OF THE DEPUTY TRANSPORT COMMISSIONER (S-Z), THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).6750/2009 -------------------- Dated this the 10th day of June, 2009 JUDGMENT Writ petition was filed challenging Ext.P11 check report and Ext.P12 stop memo issued by the Assistant Motor Vehicles Inspector. Pursuant to the direction issued by this Court, the author of the check report and stop memo filed a counter affidavit refuting the allegations. It is also affirmed therein that though the vehicle belonging to the petitioner was seized, it was immediately released thereafter. According to the petitioner, seizure itself was illegal and it is open to the petitioner to seek appropriate damages for the alleged unauthorized act of respondents 5 and 6. 2. In circumstances where no other issue survives in this writ petition, I close the same without prejudice to the right of the petitioner, if so advised, to institute appropriate proceedings against W.P.(C).6750/2009 2 respondents 5 and 6 and without prejudice to the contentions of respondents 5 and 6 in that regard. V.GIRI, Judge mrcs