IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 18106 of 2011(K) -------------------------------- PETITIONER(S): ----------------- CHALIL MADATHIL MAHAMOOD,S/O.HAMSA, CHAMATHA VALAPPIL,MAYYIL,KANNUR,PIN-670601. BY ADV. SMT.M.M.DEEPA SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): -------------------- 1. THE SUPERINTENDENT OF POLICE,KANNUR-670001 2. SUB INSPECTOR OF POLICE,SHO, PAZHAYANGADI-670001 3. C.KUNHIRAMAN,PROPRIETOR,C.K.TIMBER MILLS PORACHERY(VIA),EZHIKODE,P.O.PILATHARA-670309 4. DERMAL SREEDHARAN,AGED 60 YEARS, S/O.LAKSHMI AMMA,RESIDING AT PANICHIRA, KUNHIMANGALAM AMSOM DESOM,P.O.KUNHIMANGALAM, KANNUR-670309. 5. NITTOOR SAJEEVAN,AGED 42 YEARS, S/O.KUNHIRAMAN,BUSINESS,RESIDING AT CHERUTHAZHAM AMSOM,DESOM,KANNUR DISTRICT-670309 6. NITTOOR AJAYAKUMAR,AGD 39 YEARS, S/O.KUNHIRAMAN,BUSINESS,RESIDING AT CHERUTHAZHAM AMSOM DESOM,KANNUR DISTRICT-670309 SR. GOVT. PLEADER SRI.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.18106 of 2011 ------------------------------------------------ Dated this the 12th day of July, 2011 JUDGMENT Pius C. Kuriakose, J On considering this Writ Petition for admission, this Court on 05/07/11 passed the following order:- “As directed by us the Government Pleader has taken notice on behalf of the respondents 1 and 2. The Government Pleader will seek instructions immediately from R2 as to why he is objecting to the timber logs in question being delivered by the 3rd respondent Saw mill owner to the petitioner. Post on 12/07/11” 2. The above order was passed in view of the submission of Smt.M.M.Deepa, the learned counsel for the petitioner that the second respondent Sub Inspector of Police is without any reason objecting to the timber logs which had been entrusted by the petitioner with the 3rd respondent Saw Mill owner being returned by the third respondent to the petitioner. Today on instructions, W. P. C. No.18106 of 2011 -2- Sri.T.K.Vipindas, the learned Government Pleader submitted that the second respondent, Sub Inspector is not objecting to the timber logs in question being delivered by the 3rd respondent saw mill owner to the petitioner back. But according to the learned Government Pleader, the 5th respondent seems to have some rival claim over the timber logs in question. Smt.Deepa, the learned counsel for the petitioner submitted that the claim raised by the 5th respondent is per se unsustainable. No civil court has so far passed any order restraining the delivery back of the timber logs in question by the third respondent saw mill owner to the petitioner. Under the above circumstances, we are of the view that this Writ Petition can be disposed of issuing the following directions:- The second respondent Sub Inspector of Police will summon the 5th respondent immediately and ascertain from him as to what is the ground for his objections in the matter W. P. C. No.18106 of 2011 -3- of the timber logs being delivered back by the saw mill owner third respondent to the petitioner. It should be enquired whether there is any court order in favour of 5th respondent restraining delivery of the logs to the petitioner. In the absence of any such order the second respondent should ensure that the timber logs which were entrusted by the petitioner with the 3rd respondent saw mill owner are returned to the petitioner himself. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-