IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 28942 of 2010(Q) ---------------------------------------- F.I.R. NO.6/2004 OF PUNALUR POLICE STATION. ................... PETITIONER(S): ----------------------- THE TOC H(RESIDENTIAL) PUBLIC SCHOOL, REP.BY ITS SECRETARY SHRI.P.T.PRAKASH BABU, AGED 50 YEARS, SON OF SHRI.P.O.THOMAS VAIDHYAN, PAPER MILL.P.O., PUNALUR, KOLLAM DISTRICT-691 332, (RESIDING AT 'JAYABHARATHAM BUNGLOW, ELAMPAL.P.O., PUNALUR, PATHANAPURAM TALUK, KOLLAM DIST.691 322). BY SRI.TPM.IBRAHIM KHAN, SENIOR ADVOCATE, ADV. SMT.SHYNI P. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE CIRCLE INSPECTOR OF POLICE, PUNALUR. 3. THE ORIETNAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS SENIOR BRANCH MANAGER, BRANCH OFFICE, PULIMOOTTIL BUILDINGS, P.B.NO.17, 1ST FLOOR, POST OFFICE JUNCTION, PUNALOOR-691 305, KOLLAM DISTRICT. R1 & R2 BY GOVT. PLEADER SMT.REKHA C.NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.28942 OF 2010 --------------------------------------------- Dated 15th October, 2010 JUDGMENT Petition is filed under Articles 226 and 227 of Constitution of India for a writ of mandamus directing second respondent, Circle Inspector of Police to issue a certificate showing non recovery of stolen vehicle, so as to make a claim before the third respondent Insurance Company. 2.Learned Government Pleader on instructions submitted that a certificate showing non recovery of Bus KL-02.H-1492, the stolen vehicle is not issued as petitioner did not apply and if petitioner files an application, a non recovery certificate will be issued to the effect Wpc 28942/10 2 that stolen vehicle is not recovered. Learned Senior counsel appearing for the petitioner submitted that, the fact may be recorded and petition may be disposed. 3. The submission of the learned Government Pleader that if an application is filed by the petitioner, certificate of non recovery of the stolen vehicle will be issued is recorded. Second respondent is directed to issue non recovery certificate on the petitioner filing an application. If certificate of non recovery of vehicle is produced before the third respondent, third respondent to consider the same and pass appropriate orders. M.SASIDHARAN NAMBIAR, JUDGE. uj.