IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 26TH NOVEMBER 2007 / 5TH AGRAHAYANA 1929 WP(C).No. 17539 of 2004(K) -------------------------- PETITIONER: ------------ RAMAKRISHNA BHAT, PROPRIETOR, R.K.ENTERPRISES, KODANGAL P.O., MOODABIDRI,MANGALORE TALUK, KARNATAKA. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KASARGODE. 2. THE TAHSILDAR, KASARGODE TALUK. 3. THE SUB INSPECTOR OF POLICE, KASARGODE POLICE STATION, KASARGODE. 4. VIDHYADHAR SHETTY, PROPRIETOR, SUBI COMMUNICATIONS, 303, CLASSIC ARCADE, K.S.RAO ROAD, MANGALORE 575 001. BY GOVERNMENT PLEADER SMT. R. DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P(C) 17539/04 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT EXT.P2: -DO- OF INVOICE DT. 5.9.2001 ISSUED TO THE PETITIONER BY M/S. VIDHYA ELECTRICALS, SURATKAL EXT.P3: -DO- OF ORDER DT. 13.4.2004 ISSUED BY THE 1ST RESPONDENT EXT.P4: -DO- OF NOTICE DT. 26.4.2004 ISSUED BY THE 3RD RESPONDENT EXT.P5: -DO- OF ORDER NO: 1127/04/G5 DT. 4.5.2004 ISSUED BY THE 1ST RESPONDENT jj /TRUE COPY/ P.A. TO JUDGE KURIAN JOSEPH, J. --------------------------------------- W.P.(C) NO. 17539 OF 2004 --------------------------------------- Dated this the 26th day of November, 2007. J U D G M E N T This writ petition is filed with the following prayer: i) Issue a writ of mandamus or any other appropriate writ or direction to respondents 1 to 3 to return the detained Generator sets of the specifications stated in Exhibit P2 to the petitioner forthwith. The contention of the petitioner is that 4th respondent is liable to pay the lease rent. There will be a direction to the first respondent to take a decision in the matter in accordance with law, with notice to the petitioner and 4th respondent within a period of four months from the date of receipt of a copy of this judgment. The fate of the bond executed by the petitioner will depend on the order thus passed by the District Collector. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp