IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 43 of 2011(E) ----------------------- PETITIONER : --------------------- ALEX, S/O.PERIERA, AGED 29, ANUPAMA HOUSE, MOONNUKKALLINMOODU, NEYYATTINKARA, BY ADVS. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): ------------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF DEPOUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA-695 121. 2. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION, NEYYATTINKARA-695 121, 3. PRASANTH, COLLECTION MANAGER, KOTAK MAHINDRA, AL THARA JUNCTION, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 513. 4. P.S.REJI, COLLECTION AGENT, PERUMPAZHUTHOOR-695 126. R1 & R2 BY GOVT. PLEADER SMT. CHARISHMA R3 & R4 BY ADVS. SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.K.K.RATNALATHA SRI.V.R.REKESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 43 of 2011(E) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF CERTIFICATE OF REGISTRATION 23-4-2009. EXT.P2a : COPY OF RECEIPT DATED 26-8-2009. EXT.P2b : COPY OF RECEIPT DATED 29-9-2009. EXT.P2c : DO D0 29-10-2009. EXT.P2d : DO D0 DATED 07-05-2010. EXT.P2e : DO D0 DATED 22-05-2010. EXT.P2f : DO D0 DATED 24-11-2010. EXT.P3 : COPY OF INVITATION LETTER DATED 5-1-2011. EXT.P4 : COPY OF CLAIM PETITION DATED 15-9-10. EXT.P5 : COPY OF COMPLAINT DATED 31-12-2010. RESPONDENT'S EXHIBITS: EXT.R3(a) : COPY OF THE TERMS AND CONDITIONS. EXT.R3(b) : COPY OF THE ORDER DATED 29.11.2010 A NO. 6667/10. //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.43 of 2011 E ------------------------------------------- Dated this the 7th January, 2011 JUDGMENT Basant, J. Respondents 3 and 4 have entered appearance through counsel. The learned counsel for the petitioner submits that the amount of Rs.75,000/- as ordered by this Court on 3.1.2011 was not received by respondents 3 and 4. Counsel for respondents 3 and 4 submits that it was not received under a misconception . Two demand drafts for a total amount of Rs.75,000/- are handed over in Court and are received by the counsel for respondents 3 and 4. The condition imposed by order dated 3.1.2011 has thus been complied with. 2. The learned counsel for respondents 3 and 4 submits that the attempts to seize the vehicle is being done in pursuance of Ext.R3(b) order passed by the High Court of Madras on 29.11.2010. It is prayed that execution of that order may not be stayed by issue of directions under Article 226 of the Constitution. We find WPC No.43/2011 2 merit in that submission. It is for the petitioner to seek appropriate further directions from the High court of Madras which has passed Ext.R3(b) order. However, the learned counsel for respondents 3 and 4 graciously submits that no further action shall be taken for execution of Ext.R3(b) order passed by the Madras High Court for a period of thirty days from this date. In the meantime, the petitioner can approach the High Court of Madras and seek appropriate further directions in Ext.R3(b) proceedings. With the above observation, this writ petition is dismissed. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/