IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 5764 of 2010(U) ------------------------------------------------- PETITIONER(S): ----------------------- SHIHABUDEEN, AGED 22 YEARS, S/O. UNNI MUHAMMED, PARAKKAL HOUSE, KOOTHUPARAMBU, MAITHRA.P.O.,AREEKKODE, MALAPPURAM. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, AREEKKODE POLICE STATION. 2. SUPERINTENDENT OF POLICE, MALAPPURAM. BY GOVERNMENT PLEADER SHRI P.N. SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 5764 OF 2010 U --------------------------------------------------- Dated this the 1st March, 2010 JUDGMENT K.M. Joseph, J. The case of the petitioner in brief, is as follows: Petitioner is the agreement owner of the vehicle bearing registration No.KL-10/T-2522 Tata 1613 SK (HGV Tipper). The registered owner of the vehicle is one Shri Musthafa Kamal. Police has registered in which the petitioner is an accused, as Crime No.44/2010 of the Areekkode Police Station for offences under Sections 143, 147, 353 & 506(i) read with Section 149 IPC and also under Section 20 read with Section 12 of the Kerala Protection of River Banks & Regulation of Removal of River Sand Act. Petitioner obtained anticipatory bail as per WPC.5764/2010 U 2 Ext.P1 order. The prayer in the Writ Petition is to direct the respondents not to harass the petitioner and his family on the basis of Crime No.44 of 2010 of Areekkode Police Station. There is a further prayer to issue a writ of mandamus not to seize the vehicle in question. 2. We heard the learned counsel for the petitioner and also the learned Government Pleader. According to the learned counsel for the petitioner, petitioner is prepared to produce the vehicle and it is submitted that the vehicle may be released. Learned Government Pleader, on the other hand, would submit that the respondents have a right to seize the vehicle and for production before the District Collector and it is only for the purpose of seizing the vehicle, enquiries are being made. It is also stated that notice has been issued. 3. We do not think it necessary for us to entertain this Writ Petition. If the petitioner is aggrieved by the actions of the WPC.5764/2010 U 3 respondents, he may work out his remedies in any other Forum available to him in law. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge