IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 5006 of 2011(A) ------------------------- PETITIONER(S): ----------------------- YAKOOB SULTHAN,S/O.SULTHAN MOIDEEN, AGED 30 YEARS,11/313,10/261,KANJIRAPARAMBU HOUSE, NORTH PARAVUR,ERNAKULAM DISTRICT. BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): ------------------------ 1. THE SUB DIVISIONAL MAGISTRATE, FORT KOCHI,ERNAKULAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, CITY TRAFFIC WEST,KOCHI CITY,ERNAKULAM. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 5006 OF 2011 ===================== Dated this the 8th day of March, 2011 J U D G M E N T The prayer sought in this writ petition reads as follows:- (i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to release Motor Cycle bearing Reg.No.KL- 42/2327 to the petitioner forthwith. 2. According to the petitioner, he is the owner of a TVS Victor GLS Motor Cycle bearing Regn.No.KL-42/2327. It is stated that since the vehicle was involved in a self accident, the police took the vehicle into custody in February, 2010. It is stated that, subsequently when Ext.P2 gazette notification was published, petitioner submitted Ext.P3 representation requesting for release of the vehicle as according to him, the vehicle was not released to the petitioner so far. 3. Learned Government Pleader on instruction submits that after the self accident mentioned above, petitioner himself surrendered the vehicle before the 2nd respondent stating that after treatment and recovery, he will come back and claim the vehicle. It is stated that, thereafter petitioner never turned up, as a result of which, in compliance of the directions of the Director WPC No. 5006/11 :2 : General of Police, Ext.P2 notification was issued, which also was not responded. It is submitted that Ext.P3 representation was never received by the respondent. On account of the above, the vehicle was auctioned on 16/2/2011 along with other vehicles and the same has been sold to Sri.Unni, Vazhathara Veedu, Panampukadu, Vallarpadam for an amount of ` 4,022/-. It is stated that the vehicle has been delivered to the purchaser. 4. As already seen, the relief sought in this writ petition is to direct that the vehicle shall be released to the petitioner. 5. Having regard to what transpired as submitted by the learned Government Pleader, the question of directing the respondents to release the vehicle does not arise. Writ petition is therefore closed. ANTONY DOMINIC, JUDGE Rp