IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 14487 of 2011(I) -------------------------- PETITIONER: --------------- ARULRAJ,S/O.RAJAMANI,8/582,PONNAGAR, MOUNT,SABARIMALA, VANDIPERIYAR, IDUKKI DISTRICT. BY ADV. MR. SUNNY MATHEW RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, NEDUMKANDAM POLICE STATION. 2. THE NODAL OFFICER (MODEL CODE OF CONDUCT AND LAW AND ORDER) DEPUTY COLLECTOR (GENERAL), IDUKKI. 3. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, IDUKKI. BY GOVERNMENT PLEADER MR. ARAVINDA KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 14487 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE JEEP BEARING REGISTRATION NO. KL 13 A 6055 EXT. P2 : TRUE COPY OF THE LETTER DATED 19.04.2011 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT EXT.P3 : TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 14487 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 14th June , 2011 JUDGMENT The vehicle bearing No. KL 13 A 6055 belonging to the petitioner having Ext. P1 registration certificate was seized by the second respondent on 03.04.2001, alleging violation of the Code of Conduct of Election and that same constituted an offence punishable. 2. The learned counsel for the petitioner submits that no offence is involved. The vehicle is still lying with the first respondent and despite many a request made by the petitioner to have the vehicle released, the respondents have given only scant regards to the same, which made the petitioner to approach this Court by filing present writ petition. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances and also the relevant provisions of law, this Court finds that the respondents did not have any power to confiscate the vehicle seized in connection with the violation of the Code of Conduct forming subject matter of Ext. P3. In the said circumstances, the Writ Petition is disposed of, directing the respondents to produce the vehicle before the concerned W.P. (C) No. 14487 of 2011 : 2 : Magistrate's Court forthwith, at any rate, within 3 days from the date of receipt of a copy of this judgment. The petitioner is set at liberty to approach the concerned Court to have the vehicle released, subject to the appropriate norms to be fixed by the concerned Magistrate's Court. P. R. RAMACHANDRA MENON, JUDGE kmd