IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 27297 of 2011(J) ----------------------------------- CRMP.5969/2011 of J.M.F.C.-I, MAVELIKKARA .................... PETITIONER : - ---------------------- DILEEP.D., S/O.DIVAKARAN, PANAMBALIL PADEETTATHIL, MUTTOM P.O., HARIPAD, ALAPPUZHA. BY ADVS. SRI.G. HARIHARAN SRI. PRAVEEN HARIHARAN RESPONDENTS : - ------------------------- 1. THE SUB INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION, MAVELIKKARA, PIN 690 101. 2. THE SUB COLLECTOR (RDO), CHENGANNUR, ALAPPUZHA DISTRICT, PIN 689 121. 3. THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA, PIN 688 001. R1 TO R3 BY GOVT. PLEADER SRI. MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27297 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE PERMIT OF HGV GOODS VEHICLE BEARING REGISTRATION No. KL-03M - 5320 ISSUED BY THE JOINT REGIONAL TRANSPORT OFFICE, KAYAMKULAM. EXT P2 : COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 1st RESPONDENT EVIDENCING SEIZURE OF THE VEHICLE MENTIONED IN EXHIBIT P1. EXT P3 : COPY OF THE NOTICE DATED 25.09.2011 ISSUED BY THE 1st RESPONDENT BEFORE THE 2nd RESPONDENT TO THE DRIVER OF THE PETITIONER. EXT P4 : COPY OF THE GOVERNMENT ORDER GO (MS) No. 85/2010/Ind DATED 05.04.2010. EXT P5 : COPY OF THE JUDGMENT DATED 28.09.2011 MADE IN W.P. (C) No. 25839 / 2011. EXT P6 : COPY OF THE ONE SUCH PROCEEDINGS DATED 06.09.2011 ISSUED BY THE 2nd RESPONDENT. EXT P7 : COPY OF THE JEDGMENT DATED 05.09.2011 MADE IN W.P (C) No. 23505 / 2011. EXT P8 : COPY OF THE PETITION FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKKARA AS CRL. M.P No. 5969 / 2011. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 27297 of 2011 J ``````````````````````````````````````````````````````````` Dated this the 10th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is the owner of a goods vehicle with registration No.KL-3M-5320. The vehicle was seized by the first respondent as per Ext.P2 and his complaint is that, despite the direction contained in Ext.P5 judgment, the vehicle was belatedly produced before the court. 2. Taking note of the allegations raised in writ petition, the case was adjourned with a direction to the learned Government Pleader to file a statement on behalf of the first respondent. Accordingly, statement has been filed, explaining the delay in the following manner:- “2. There was a direction by this Honourable Court in the judgment in W.P. (C) No.25839/11 to produce the vehicle before the Magistrate, Mavelikkara. The judgment was pronounced on 28.09.2011. The copy of the judgment was given to this W.P.(C) No.27297/2011 : 2 : respondent by the petitioner on 07.10.2011. As a matter of fact the report regarding the seizure of the vehicle was already produced by this respondent before the Sub Divisional Magistrate, Chengannur for adjudication. 08.10.2011 was second Saturday and 09.10.2011 was Sunday. Both the days were holidays and therefore this respondent was not able to approach the Sub Divisional Magistrate on the said days. On 10.10.2011 this respondent personally approached before the Sub Divisional Magistrate for getting back the report returned. It was informed from the office of the Sub Divisional Magistrate that the report was forwarded to the District Collector. 3. On 10.10.2011 and 11.10.2011 this respondent was having a Sessions Trial at Additional Sessions Court, Chengannur and he was only able to approach the District Collector on 12.10.2011. On 15.10.2011 since the report was not obtained back, this respondent filed the copy of the report and the judgment before the Judicial First Class Magistrate, Mavelikkara on 15.10.2011. In W.P.(C) No.27297/2011 : 3 : the meantime, the petitioner filed W.P.(C) No.27297/11. The vehicle was released to the petitioner by the Magistrate on the next date.” 3. No contra material has been produced by the petitioner to disprove the averments contained in the statement filed. In such circumstances, this writ petition is closed. Sd/- (ANTONY DOMINIC, JUDGE) aks/10/11 // True Copy // P.A. To Judge