IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 3444 of 2009(I) -------------------------------------- PETITIONER(S): ------------------------ A.MANGAYARKARASI, 48 YEARS, W/O.AMBARASU DOOR.NO.69, SOLIAMMAN NAGAR,, NEAR K.V.B.NAGAR, KARUR-2, TAMIL NADU. BY ADV. MR.C.C.THOMAS, SENIOR ADVOCATE BY ADV. MR.M.G.KARTHIKEYAN RESPONDENT(S): -------------------------- 1. SUB INSOECTOR OF POLICE, WALAYAR POLICE STATION, PALAKKAD DISTRICT. 2. C.I. OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD. 3. DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD. BY GOVERNMENT PLEADER MR.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- W.P.(C).No. 3444 OF 2009 --------------------------------- Dated this the 10th day of February, 2009 JUDGMENT This writ petition is filed for a declaration that the vehicle of the son of the petitioner bearing Registration No. TN 04/F-1410 Lanzer GLI is seized in Crime No. 26/2008 of the Walayar Police Station be released unconditionally to the petitioner forthwith and for other declarations. 2. Heard the learned counsel for the petitioner as well as the Public Prosecutor. The learned counsel for the writ petitioner has made available before me for perusal a letter issued by the Circle Inspector of Police, Rural Circle, Palakkad to him as a reply to his letter dated 20.1.2009. It is stated in that letter that the vehicle mentioned above has been seized in connection with the investigation of Crime No. 26/2008 of Walayar Police Station on 9.8.2008 and that it has been produced before the Judicial First Class Magistrate Court -I, Palakkad on 16.8.2008 and that the court has received this property as item No. 221/2008. So it is clear from the reply that the vehicle which is sought to be released is produced as a material object before the court and therefore it is in the W.P.(C) No. 3444/2009 -2- custody of the court. The proper remedy for the party is to move the court for releasing of the vehicle in accordance with the provisions of the law. With a liberty to do so, this writ petition is disposed of. M.N. KRISHNAN,JUDGE vkm