IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE. ANTONY DOMINIC FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33766 of 2011(U) ---------------------------------- PETITIONER ------------------ SPARK PALAKKAD, REG.NO.CA 5/06 REPRESENTED BY GENERAL SECRETARY, K.GOPALAN, KARAKKAD, MALAMPUZHA, PALAKKAD. BY ADV. SRI.A.R.GANGADAS RESPONDENTS --------------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, PALAKKAD-678 001. 2. THE ELECTION COMMISSIONER, ELECTION (GENERAL) DEPARTMENT, THIRUVANANTHAPURAM-695 001. 3. THE REVENUE DIVISIONAL OFFICER, PALAKKAD-678 001. 4. THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD-678 001. ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN. FOR R2 R1, R3 & R4 BY GOVT. PLEADER SMT. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(C).No. 33766 of 2011(U) APPENDIX PETITIONER'S EXIHIBITS: EXT. P1 : COPY OF THE REGISTRATION CERTIFICATE AND BYE LAW OF THE PETITIONER. EXT. P2 : COPY OF THE REPLY ISSUED BY THE FOURTH RESPONDENT DATED 07.05.2011. EXT. P3 : COPY OF THE LETTER ISSUED FROM THE RDO OFFICE DATED 28.05.2011. EXT. P4 : COPY OF THE LETTER ISSUED FROM THE Dy. S.P. OFFICE DATED 18.06.2011. EXT. P5 : COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DISTRICT COLLECTOR PALAKKAD. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE dlk ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 33766 of 2011 ---------------------------------------- Dated this the 16th day of December, 2011 JUDGMENT Petitioner says that it is a charitable organization. According to the petitioner, on 6.3.2011 they organised distribution of sarees to women belonging to financially weaker section of the society. On that day police seized about 700 sarees. It is stated that such seizure was on the allegation that one of the person who had sponsored the sarees was the wife of a candidate contesting the Legislative Assembly election and that such distribution of sarees was against the code of conduct for election. Now that election is over, and they made an application for release of the sarees. Reply was not received. Therefore, this writ petition has been filed. 2. Learned Standing Counsel appearing for the 2nd respondent has produced before me copy of FIR in crime No.153/2011 of the Palakkad Town North Police Station, which W.P.C. No. 33766 OF 2011 -2- was registered in connection with the incident in question. It is stated that the matter is now pending before the Chief Judicial Magistrate's Court, Palakkad. 3. Since it is shown that on the very same issue, a crime has been registered and that the case is pending before the Chief Judicial Magistrate's Court, Palakkad, if at all the petitioner is to seek release of the sarees, it is upto them to make application before the Court Concerned. With that liberty the writ petition is disposed of. ANTONY DOMINIC, JUDGE. Kp/-