IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 27323 of 2003(C) --------------------------------------- PETITIONER(S): ---------------------- NOUSHAD, S/O.MUHAMMED ALI, MUTHALAKULANGARA HOUSE, CHEMMANNUR DESOM, CHAVAKKAD VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.O.D.SIVADAS SMT.LISHA.M.G. RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, CHERUTHURUTHY, THRISSUR DISTRICT. 2. DISTRICT COLLECTOR, THRISSUR. 3. PAUL PETER, S/O.PATHROSE, SRATHOTTATHIL HOUSE, PALAKKALMATTOM, PERUMBAVOOR, ERNAKULAM DISTRICT. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R2 SRI.LEGY ABRAHAM FOR R3 SRI.K.P.PAULOSE FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Infructuous. Dismissed. 22.10.2008 SD/- KURIAN JOSEPH, JUDGE /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C)No.27323 of 2003 ----------------------------------------- Dated this the 31st day of January, 2007 O R D E R Heard counsel appearing for the petitioner in W.P(C) No.27323/2003 and the petitioner appearing in O.P.No.13096/2003. The Sub Inspector of Police, Cheruthuruthy is also present. He has produced the writ petitioner in O.P.No.13096/2003. 2. O.P.No.13096/2003 is seen filed by Sri.Paul Peter, S/o.Pathrose, who is the registered owner of lorry No.KL7/C 9145. The said vehicle was seized by the Sub Inspector of Police on 9-4-2003 under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. By judgment dated 11-4- 2003 in O.P.No.13096/2003 this court directed the District Collector to complete the adjudication pursuant to the seizure of the vehicle. There was also a direction to release the vehicle on the said Paul Peter depositing an amount of Rs.10,000/-. It is significant to note that the Sub Inspector of Police, Cheruthuruthy and the District Collector, Thrissur alone were made parties to the writ petition. He claimed in the W.P(C)NO.27323/2003. -:2:- writ petition that he was the registered owner and permit holder of the vehicle. He did not have a case of any transfer of the vehicle to anybody else. The District Collector by order dated 23-6-2003 imposed a penalty of Rs.1,55,000/- which is inclusive of value of the vehicle and the penalty. The amount already remitted was permitted to be set off. That order was challenged by one Noushad, S/o.Muhammed Ali. He claimed that he is the actual owner of the lorry. According to him he purchased the vehicle from one Ashraf, S/o.Aliyar. The said Ashraf is not on the party array. However, Sri.Paul Peter is made the 3rd respondent. The averment in the writ petition is that the District Collector should not have passed the order without hearing the actual owner namely the petitioner Noushad. 3. On going through the records and after hearing the learned Government Pleader, the court was of the prima facie view that the parties were not stating the whole truth before the Court. Successive writ petitions were filed, apparently playing fraud on the court and hence an order was issued directing the parties to appear before the court. Sri.Paul Peter, who is present before the court today, submits W.P(C)NO.27323/2003. -:3:- that he has not filed O.P.No.13096/2003. According to him he had transferred the vehicle as early as on 13-10-2002. It is fairly clear that the matters require detailed investigation by the Police, if necessary after registering a crime. There will be a direction to the Superintendent of Police, Thrissur to conduct an investigation as to the true state of affairs and as to the conduct of the parties involved in the transactions. The registry will hand over photo copies of the writ petitions and the counter affidavits to the Superintendent of Police, Thrissur, through the Sub Inspector of Police, Cheruthuruthy, Thrissur District, who is also present before the Court. The report as to the steps taken by the Superintendent of Police, Thrissur will be filed before this court within a period of two months. Post for further orders on 4-4-2007. Hand over. (KURIAN JOSEPH, JUDGE) ahg. W.P(C)NO.27323/2003. -:4:-