IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 11450 of 2011(E) -------------------------- PETITIONER: ---------------- SHAMEER, S/O.MUHAMMED, AGED 24 YEARS, POYILIL HOUSE, KARIMPALAKUNNU, KOODATHAI AMSOM, PALONA DESOM, KOODATHAI. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, THAMARASSERY, KOZHIKODE DISTRICT-673 001. 2. THE REGIONAL TRANSPORT OFFICER, OFFICE OF THE JOINT REGIONAL TRANSPORT OFFICER, KODUVALLY, KOZHIKODE DISTRICT-673 001. BY GOVERNMENT PLEADER ADV. MR. M.H. HANIL KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11450 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE PHOTOCOPY OF THE DRIVING LICENCE OF THE PETITIONER. EXT.P2 : TRUE COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT. EXT.P3 : TRUE COPY OF TH E LAWYER NOTICE ISSUED TO THE FIRST RESPONDENT ON BEHALF OF THE PETITIONER. EXT.P4 : TRUE COPY OF THE POSTAL RECEIPT AND ACKNOWLEDGEMENT EVIDENCING RECEIPT OF P3 BY THE RESPONDENTS. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 11450 OF 2011 ......................................................................... Dated this the 31st May , 2011 J U D G M E N T The case of the petitioner is that the driving licence of the petitioner bearing No.57/4305/2005 dated 22.04.2008 was seized by the first respondent on 09.07.2008, allegedly in respect of an offence stated as committed by the petitioner under section 4(1)(A) read with 21(1) of the MMDR Act, 1957 and the relevant rules of the Kerala Minor Mineral Concession Rules, 1967. It is stated that the matter is pending before the J.F.C.M. Court -I, Thamarassery as C.C.No. 358 of 2008, but the licence is still retained at the hands of the respondents as borne by Ext. P2 receipt dated 09.07.2009, which is not returned, in spite of many a demand made in this regard, including Ext. P3 dated 06.10.2010 sent by registered post and served to the parties concerned as borne by Ext. P4. The petitioner is before this Court for appropriate reliefs. 2. Notice was ordered to the respondents on 12.04.2011 and service is complete. The learned Government Pleader appearing for the respondents submits that, in respect of the offences as aforesaid, a Crime was registered by the W.P.(C) No. 11450 OF 2011 2 Thamarassery Police and the driving licence was forwarded to the second respondent by the first respondent for further steps. However, going by the materials on record, nothing has been brought to the notice of this Court to justify the seizure of the licence or retention of the same at the hands of the respondents in connection with the alleged offences, as aforesaid. This Court finds that retention of the licence at the hands of the respondents is not correct or proper and the same is liable to be returned to the petitioner forthwith. 3. In the above circumstance, the respondents are directed to return the original licence seized from the petitioner as per Ext. P2 receipt dated 09.07.2008 to him, within 'three days' from the date of production of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the concerned respondent for further steps. The writ petition is allowed. No cost. P.R. RAMACHANDRA MENON, JUDGE. lk