IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 15493 of 2010(Q) ---------------------------------- PETITIONER(S): ------------------- V.V.GEORGEKUTTY, AGED 57 YEARS, S/O.VARKEY, VARANATHU HOUSE, CHANGANACHERRY. BY ADVS. SRI.K.K.CHANDRAN PILLAI SRI.A.S.SAJUSH PAUL SRI.THOMAS JAMES MUNDACKAL SRI.BOBBY THOMAS RESPONDENT(S): --------------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, CHANGANACHERRY. 2. JOINT REGIONAL TRANSPORT OFFICER, PARASALA, THIRUVANANTHAPURAM. 3. THE DY.COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 4. JOINT COMMISSIONER OF EXCISE, SOUTH ZONE, THIRUVANANTHAPURAM. 5. CIRCLE INSPECTOR OF POLICE, CHANGANACHERRY. 6. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 7. SAM JOS, JOS COTTAGE, NEDUVANVILA, PARASALA. svs ..........2/-... ...2... WPC.NO.15493/2010 * ADDL. R8 & R9 IMPLEADED 8. THE S.I. OF POLICE, PARASSALA POLICE STATION, THIRUVANANTHAPURAM. 9. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. * IMPLEADED AS PER ORDER DATED 13/07/2010 IN I.A. NO.8714/2010 IN WPC.NO.15493/2010. R1 TO R6, R8 & R9 BY GOVT.PLEADER SRI.PUZHAKARA MUHAMMED R-7 BY ADV. SRI.G.SUDHEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 15493/2010(Q) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF RETISTRATION CERTIFICATE OF VEHICLE NO.KL 5Q 7277. P2: COPY OF F.I.R. NO.379/09 DATED 04/06/2009 IN THE CHANGANACHERRY POLICE STATION. P3: COPY OF LETTER DATED 19/04/2010 ISSUED BY THE 1ST RESPONDENT. P4: COPY OF MAHAZAR PREPARED BY THE EXCISE INSPECTOR, THIRUPUPRAM DATED 25/06/2009. P5: COPY OF CONFISCATION ORDER DATED 16/12/2009 PASSED BY THE 3RD RESPONDENT. P6: COPY OF PAPER PUBLICATION EFFECTED IN MANGALAM DAILY DATED 26/11/2009. P7: COPY OF PAPER PUBLICATION EFFECTED IN MALAYALA MANORAMA DATED 29/11/2009. P8: COPY OF PROCEEDINGS ISSUED BY THE 4TH RESPONDENT DATED 29/03/2010. P9: COPY OF THE REQUEST DATED 17/04/2010 GIVEN BY THE 7TH RESPONDENT BEFORE THE 1ST RESPONDENT. P10: COPY OF DETAILS TAKEN FROM THE WEB SITE OF THE MOTOR VEHICLES DEPARTMENT, PERTAINING TO THE VEHICLE NO.KL 01AP 1191. RESPONDENT'S EXHIBITS: R7(a):LETTER NO.T6-4801/2009 DATED 22/04/2010 ISSUED BY DEPUTY EXCISE COMM ISSIONER, THIRUVANANTHAPURAM. /TRUE COPY/ P.A. TO JUDGE svs BHABANI PRASAD RAY, J ------------------------------- W.P.(C).No.15493 of 2010 ------------------------------- Dated this the 11th day of February, 2011. J U D G M E N T Heard the learned counsel for the petitioner and learned Public Prosecutor. The vehicle bearing registration No.KL-5Q 7277 (2004 model santro car) with its engine No.G4HD4D24329 & and chasis No.MALAA 51HR4M 446886 stolen from the residence of the petitioner and now in the custody of the seventh respondent is the subject matter of theft in Crime No.379 of 2009 dated 4.6.2009 of the Changanacherry Police Station. Due to the inaction on the part of the respondents, the vehicle could not be traced out. Subsequently the vehicle has been traced and in pursuance to an interim order passed by the Court of Judicial First Class Magistrate-Changanacherry, in Crime No.379 of 2009, the petitioner is now in the interim custody of the said vehicle. The custody of the vehicle shall be subject to the order passed by the learned Magistrate in the above mentioned case. Writ petition is accordingly closed. BHABANI PRASAD RAY, Judge ami/