IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 27276 of 2011(H) --------------------- PETITIONER : -------------------- KIRAN A.G., S/O.GOBI, AGED 24, RESIDING AT ALAMBIL HOUSE, KANGARAPADY, COCHIN-682021, THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.C.ELDHO RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY P.O., PIN-683104. 2. THE SECRETARY, KALAMASSERY MUNICIPALITY, KALAMASSERY P.O., PIN-683104. 3. SUB DIVISIONAL MAGISTRATE, OFFICE OF THE SUB DIVISIONAL MAGISTRATE, FORT KOCHI, COCHIN-682001. R1 & R3 BY GOVT. PLEADER SRI. MUHAMMED SHAFI M. R2 BY ADV. SRI. M.K. ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 27276 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL7-BL-4936. EXT.P2 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE PETITIONER'S VEHICLE BY THE MOTOR VEHICLES DEPARTMENT. EXT.P3 A TRUE COPY OF THE LICENCE BEARING NO.40/449/2006 OF RTA, PERUMBAVOOR. EXT.P4 A TRUE COPY OF THE FIR IN CRIME NO.1944 OF KALAMASSERY POLICE STATION. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 27276 of 2011 --------------------------------------- Dated this the 14th day of October 2011. JUDGMENT Heard the learned counsel for the petitioner, Standing Counsel for the 2nd respondent and Govt.Pleader for the first respondent. 2. The writ petition is filed seeking a direction directing the 3rd respondent to release the petitioner's autorickshaw bearing registration No. KL&-BL-4936 within a time limit to the petitioner. 3. It is averred in the writ petition that the petitioner is the registered owner of the autorikshaw. Ext.P2 is the copy of the contract carriage permit. Ext.P3 is the copy of the driving licence. Petitioner's vehicle was taken into custody by the Kalamassery Police and the police has registered crime alleging offences under section 339 and 340(A) of the Kerala Municipalities Act. Ext.P4 is the copy of the FIR in crime No. 1944 which has been registered against the petitioner. The petitioner preferred a claim before the W.P.(C) No.27276/2011 2 Judicial First Class Magistrate Court -I, Aluva. It is reported to the Magistrate that the vehicle is produced before the 3rd respondent as per Section 340 B of the Kerala Municipalities Act. It is pointed out by the petitioner that the vehicle was seized alleging commission of offence under Section 340 A of the Kerala Municipalities Act and therefore, the police had produced the vehicle before the 3rd respondent. 4. According to the petitioner the vehicle is not involved in the offence as alleged. Going by Section 340B of the Act, the Secretary or an officer of the Municipality authorised by the Secretary in this behalf or a Police Officer not below the rank of a Sub Inspector shall, seize a vehicle carrying filth or excreta through public place or public road with the intention or preparation to commit an offence under Section 340A of the Act or having reasonable cause to suspect that the vehicle is on its return after being used for such deposit, and shall after following such procedures as may be prescribed, produce the vehicle before the Sub Divisional Magistrate having jurisdiction. It is pointed out that as per the procedure for seizure prescribed W.P.(C) No.27276/2011 3 under Section 340 B Clause (2), the Sub Divisional Magistrate shall after conducting such enquiry and such procedures as may be prescribed the vehicle so seized may be released or confiscated, as the case may be. Since the vehicle is in the custody of Sub Divisional Magistrate, the petitioner is directed to submit an application for release of the vehicle before the Sub Divisional magistrate. The Sub Divisional Magistrate shall after affording an opportunity of being heard to the petitioner and Municipal Authorities release the vehicle to the petitioner subject to such condition as may be imposed within a period of 10 days from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al