IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 29391 of 2008(Y) -------------------------- PETITIONER(S): --------------- K.ABOOBACKER, VETTILAVALAPPIL HOUSE, KOTTATHARA, AGALI, MANNARKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD. 2. SUNNY CHACKO, SUB INSPECTOR OF POLICE, POLICE STATION, PATTAMBI. 3. ABDUL LATHEAF, ASSISTANT SUB INSPECTOR O F POLICE,POLICE STATION, PATTAMBI. 4. DINESHAN, S/O.GOVINDANDKULLY,PALOLLIL HOUSE, PATTAMBI, LOWER DIVISION CLERK, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, SHORNUR. ADV. SRI.SANTHEEP ANKARATH FOR R4 GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).29391/2008 -------------------- Dated this the 21st day of October, 2008 JUDGMENT Petitioner has approached this Court complaining of what he claims as an excessive action of respondents 2 and 3, who are the Sub Inspector of police and the Assistant Sub Inspector of police of Pattambi police station, in relation to the steps being taken by them to take possession of vehicle bearing registration No.KL- 9K 8596 stated to have been seized by them and handed over to the fourth respondent. Counter affidavit has been filed by the second respondent as also by the fourth respondent. Reference is made to the counter affidavit filed by the fourth respondent and to the institution of a Civil Suit which, as pointed out by the learned counsel for the petitioner, is subsequent to the institution of the present writ petition. 2. It is also brought out that there is an order of injunction passed by the Civil Court, operative against W.P.(C).29391/2008 2 the petitioner herein in relation to the custody of the vehicle. 3. Learned counsel for the petitioner submits that at this stage, the petitioner will be satisfied if an Officer at the level of Superintendent of police looks into Ext.P3 representation, and takes appropriate action in relation thereto. 4. Having heard learned counsel on both sides, writ petition is disposed of directing the first respondent to look into Ext.P3 and take such action as is warranted. This shall be done within one month from the date of receipt of a copy of this judgment. It is made clear that the first respondent shall consider the existence of orders if any, passed by the Civil Court and obviously any action taken shall only be in adherence to orders passed by the Civil Court in that regard. V.GIRI, Judge mrcs