Kerala High Court
Jithesh Kumar.T.K vs Purameri Service Co-Operative Bank on 25 February, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938
WP(C).No. 7119 of 2014 (L)
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PETITIONER:
-----------
JITHESH KUMAR.T.K, BRANCH MANAGER,
PURAMERI SERVICE CO-OPERATIVE BANK
LTD.NO.F.1271, P.O PURAMERI,
KOZHIKODE - 673 503.
BY ADVS.SRI.P.N.MOHANAN
SMT.I.VINAYAKUMARI
SRI.K.N.AJAYAN
SRI.C.P.SABARI
RESPONDENT(S):
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1. PURAMERI SERVICE CO-OPERATIVE BANK
LTD.NO.F 1271, REPRESENTED BY SECRETARY,
P.O.PURAMERI, KOZHIKODE - 673 503.
2. REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM - 695 001.
3. STATE OF KERALA,
REPRESENTED BY SECRETARY,
CO-OPERATIVE DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
R1 BY ADV. SRI.U.K.DEVIDAS
R2 & R3 BY SENIOR GOVT. PLEADER SRI.B.VINOD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 02-11-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
mbr/
WP(C).No. 7119 of 2014 (L)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1 : COPY OF THE PAY REVISION ORDER NO.36/11
DATED 25/2/2011 OF THE REGISTRAR.
EXHIBIT P2 : COPY OF THE CIRCULAR NO.27/11 DATED 2/4/2011 OF
THE REGISTRAR.
EXHIBIT P3 : COPY OF THE ORDER DATED 30/7/2011 OF THE BANK.
EXHIBIT P4 : COPY OF THE ORDER DATED 6/6/13 OF THE
GOVERNMENT.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.S. TO JUDGE
mbr/
NIL
//TRUE COPY//
P.S.TO JUDGE
msv/
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 4TH DAY OF NOVEMBER 2016/13TH KARTHIKA, 1938
WP(C).No. 8233 of 2010 (D)
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PETITIONER(S):
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SHERIFF, AGED 30 YEARS,
S/O.MUHAMMEDKUTTY, THARAYIL HOUSE,
KATTAVETTUR, DESAMANGALAM, THRISSUR.
BY ADV. SRI.P.K.SAJEEV
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR,
THRISSUR.
2. THE SUB INSPECTOR OF POLICE,
CHERUTHURUTHY POLICE STATION.
BY GOVERNMENT PLEADER SMT.POOJA SURENDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04-11-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
msv/
WP(C).No. 8233 of 2010 (D)
---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
P1 : TRUE COPY OF ORDER NO.B7-42875/09 DTD.2.11.2009.
RESPONDENT(S)' EXHIBITS:
------------------------
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
A. MUHAMED MUSTAQUE, J.
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W.P.(C) No. 8233 of 2010
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Dated this the 4th day of November, 2016
J U D G M E N T
1.This writ petition is filed challenging the proceedings of the 1st respondent, District Collector, under the Kerala Protection or River Banks and Regulation of Removal of Sand Act, 2001.
2.The petitioner's vehicle, bearing Reg.No.KL-10-N-2619, has been confiscated for transporting river sand without a valid permit, as per Ext.P1 order. The petitioner's case is that he has not violated any of the provisions of the Act. It has to be noted that the 1st respondent passed Ext.P1, after adverting to the relevant materials.
3.This Court, on 12.03.2010, passed the following order;
"There will be a direction to release the vehicle to the petitioner on his depositing half of the amount covered by Ext.P1 and on furnishing a bond for the remaining amount with two solvent sureties. The petitioner shall not encumber the vehicle or transfer the same to any third person and shall not cause any damage to the vehicle so as to reduce its value and utility."W.P.(C) No. 8233 of 2010
..2..
4.However, it is admitted now that the petitioner has not chosen to deposit the amount. After adverting to the impugned order, I do not find any infirmity with the order. The first respondent shall take immediate steps to sell the confiscated vehicle without any delay within a period of two months to realize the amount.
5.Accordingly, the writ petition is dismissed.
Sd/-
A. MUHAMED MUSTAQUE JUDGE bka/-