IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 18346 of 2010(P) -------------------------------------- PETITIONER(S): ------------------------ D. SURESH, AGED 47 YEARS, S/O. LATE DAMODARAN, PROPRIETOR, M/S. P & P LOGISTICS, 11/743, SANTHI COMPLEX, MUVATTUPUZHA ROAD, THODUPUZHA. BY ADV. SRI.THOMAS M.JACOB RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MOTOR VEHICLES, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE REGIONAL TRANSPORT OFFICER, MUVATTUPUZHA. 3. THE STATION HOUSE OFFICER, VAZHAKKULAM POLICE STATION. BY GOVT. PLEADER SRI.MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 18346 OF 2010 -------------------------------------------- Dated this the 25th day of June, 2010 JUDGMENT The petitioner has approached this Court with the following prayers:- i) Issue a writ of mandamus or such other writ, direction or order, commanding the respondents to release vehicle bearing No. KL- 07-AU-550. ii) Declare that the detention of the vehicle even after production of tax receipt and records is illegal. iii) Direct the first and second respondents to give remission for the tax amount for the vehicle No. KL-07-AU-550 from the date of seizure till release. iv) Pass such other orders that this Honourable Court may deem fit and proper in the facts and circumstances of the case. v) Direct the respondents to pay the cost of this proceedings. The learned Government Pleader appearing for the respondents submits on instructions that ST 2993/2010 has been registered and is pending before the Judicial First Class Magistrate's Court, Perumbavoor and that the vehicle is left in the custody of Vashakulam police station. It is also stated that, the petitioner is at liberty to approach the concerned Magistrate's Court by filing necessary proceedings so as to have the vehicle released in accordance with law. 2. The learned counsel for the petitioner submits that, the course pursued by the respondents is contrary to the statutory requirements and also the binding judicial precedents. This Court does not find it necessary to go into the merits but for making it clear that the petitioner is at liberty to approach the 2 WP(C) No. 18346/2010 concerned Magistrate's Court by filing necessary proceedings under Section 457 of the Cr.P.C. for getting the vehicle No. KL-07-AU-550 released. The contentions taken by the petitioner challenging the steps taken by the respondents and the submissions made from the part of the respondents on merits are left open. 3. It is made clear that, if any petition is filed by the petitioner before the concerned Magistrate's Court, seeking for the release of the vehicle as above, the same shall be considered and appropriate orders shall be passed in accordance with law, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. This judgment will not bar the way of the petitioner in approaching the departmental authorities for remission of tax or such other reliefs, if eligible to have the benefit in accordance with law. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc