IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 26594 of 2009(T) ------------------------------------- PETITIONER(S): ------------------------ T.P.ABDU, S/O.POCKER, AGED 42 YEARS, TOTTUMPURATH HOUSE, PANTHEERPADAM, KUNNAMANGALAM (PO), KOZHIKODE DISTRICT-673 571. BY ADVS.MR.G.HARIHARAN MR.PRAVEEN.H. RESPONDENT(S): -------------------------- 1. SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE DISTRICT. 2. ASSISTANT COMMISSIONER OF POLICE (NORTH), KOZHIKODE. 3. HDFC (CENTURION BANK OF PUNJAB), MAGESTIC CENTRE, MINI BYPASS ROAD, KALATHIKUNNU AMSOM DESOM, KOZHIKODE, REPRESENTED BY ITS BRANCH MANAGER. R1 & R2 BY GOVT. PLEADER MR.K.RAMESH R3 BY ADV. MR.T.RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26594/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PERMIT RELATING TO VEHICLE NO.KA-21A/258. P2:- COPY OF THE INTERIM ORDER DTD. 29.7.08 PASSED IN IA. 26745/08 IN OS. 420/08 BY THE MUNSIFF COURT-I, KOZHIKODE. P3:- COPY OF THE JUDGMENT IN OS. 420/08 DTD. 27.2.09 BY THE MUNSIFF COURT-I, KOZHIKODE. P4:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P5:- COPY OF THE FVR EVIDENCING TRANSPORTATION OF SALT FROM THOOTHUKKUDY TO THALASSERY ISSUED ON 15.9.09. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.26594 of 2009-T ------------------------------ Dated this the 30th day of September, 2009. J U D G M E N T Heard the learned counsel appearing on both sides. The petitioner has moved the Court of the Judicial First Class Magistrate, Kozhikode seeking release of the vehicle, that was seized by the third respondent. That application was filed on 17.9.2009, five days before this writ petition was filed. Though this writ petition was presented only on 22.9.2009, the petitioner has not stated anything about that application in this writ petition. When this writ petition taken up for hearing on 18.9.2009, the petitioner's counsel did not disclose the said fact. The petitioner has thus suppressed material fact. I therefore dismiss this writ petition with costs Rs.1,000/- which the petitioner shall pay to the High Court Legal Services Committee. I make it clear that the dismissal of this writ petition will not stand in the way of the petitioner prosecuting the application filed by him in the Court below. P.N.RAVINDRAN, JUDGE ab