Kerala High Court
Jude Sajith Dcruz vs State Of Kerala on 24 March, 2022
Author: Shaji P. Chaly
Bench: S.Manikumar, Shaji P.Chaly
W.P.(C) No. 10286/2019 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 10286 OF 2019
PETITIONER/S:
JUDE SAJITH D' CRUZ,
AGED 51 YEARS,
S/O. ANTONY D'CRUZ, TC77/986, VRINDAVAN,
VALIYATHURA, THIRUVANANTHAPURAM-695 008.
BY ADVS.
D.KISHORE
SMT.MINI GOPINATH
SMT.MEERA GOPINATH
SRI.R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE SECRETARY TO GOVERNMENT,
HOME(G) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
4 THE STATE POLICE CHIEF,
POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695 014.
BY ADV SRI.K.V.SOHAN, STATE ATTORNEY
R1 BY SRI. K.P. HARISH, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.03.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 10286/2019 :2:
Dated this the 24th day of March, 2022.
JUDGMENT
SHAJI P. CHALY, J.
This Public Interest Litigation is filed by a social worker challenging Ext. P9 Government Order, G.O. (P) No. 60/2018/HOME dated 11.09.2018, issued for the disposal of abandoned/seized/confiscated vehicles by various Departments in the State dumped on the road side as well as in the premises of the police stations and public offices, on the ground that the order is passed by the State Government overlooking various statutory provisions.
2. According to the petitioner, the Secretary to Government, Home (G) Department, the second respondent, issued Ext. P2 circular dated 5th January, 2009 directing the Departments concerned to dispose of all the seized or recovered vehicles in their custody on or before 01.03.2009. Thereafter, the State Government passed Ext. P3 order dated 20.12.2010 bearing G.O. (Rt.) No. 3792/HOME in furtherance to the directions given by the Hon'ble Supreme Court of India in its order dated 19.04.2010 in W.P.(C) No. 14/2005 to all Departments to finalise the cases of the confiscated/seized vehicles.
3. On 14.04.2012, the State Government issued Ext. P4 order bearing G.O. (Ms.) No. 223/12/Fin dated 17 th April, 2012 prescribing W.P.(C) No. 10286/2019 :3: the guidelines for the speedy disposal of the confiscated vehicles. The value of the vehicles was prescribed as per Ext. P5 Government Order, G.O. (Rt.) No. 5740/13/Fin dated 11.07.2013. Apart from the same, the issue has been considered by a Division Bench of this Court in Ext. P8 judgment dated 6 th July, 2018 in W.P.(C) No. 24734 of 2017 and directed the State Government to finalise the scheme prescribing the guidelines for the disposal of the vehicles within a time frame. It is in furtherance to the directions issued by this Court and taking into account the other circumstances deliberated above, Ext. P9 order is issued by the State Government prescribing the methodology for the disposal of the seized/detained/confiscated/ vehicles or abandoned vehicles/water vessels taken into custody by the police, and other regulatory authorities.
4. The contention put forth by the petitioner is that Ext. P9 Government order will not mitigate the nuisance caused by the piling of the seized/abandoned/confiscated vehicles in the police station premises and the road margins; that Ext. P9 is a repetition of the earlier Government Orders and circulars, which were proven to have no effect for the curbing of the nuisance caused by the non disposal of vehicles, and that the procedure prescribed in Ext. P9 is cumbersome and it will take several months for the disposal of a vehicle and if that procedure is followed, it will not serve any purpose. W.P.(C) No. 10286/2019 :4:
5. The other case put forth by the petitioner is that as regards the abandoned vehicle, a procedure has been prescribed in Ext. P9 as contemplated under the Kerala Escheats and Forfeitures Act, 1964 ('Act, 1964' for short), pursuant to which the Superintendent of Police/Commissioner of Police is to publish notice in the Gazette and leading dailies inviting claims to the vehicle within three months from the date of publication of notice; however, Section 11C of the Act, 1964 prescribes a period of six months to any claimant to appear and prefer his claim before the competent authority. Therefore, according to the petitioner, the procedure prescribed in Ext. P9 order overrides a statutory provision and as such, the same is illegal. It is further submitted that the period of three months' prescribed in clause 1.2 of Ext. P9 is against Section 11C of the Act, 1964.
6. Further contentions are raised relying upon the Kerala Motor Vehicle Taxation Act, 1976, Section 102 of the Code of Criminal Procedure dealing with disposal of the vehicles and Sections 451, 452, 453 and 454 of Cr.P. C dealing with the claims and disposal of the vehicles seized etc.
7. The petitioner has also pointed out the provisions of the Kerala Forest Act and the Kerala Abkari Act in regard to the seizure, confiscation and disposal of vehicles and submitted that the notification is against various statutory provisions and therefore, Ext. W.P.(C) No. 10286/2019 :5: P9 notification would not serve any purpose.
8. We have heard the learned counsel for the petitioner Sir. D Kishore and Sri. Muraleekrishnan R, and the learned Senior Government Pleader Sri. K. P. Harish, and perused the pleadings and materials on record.
9. The entire issues raised by the petitioner revolves around Ext. P9 notification issued by the State Government for disposal of the seized/abandoned/confiscated vehicles etc. In order to appreciate the steps taken by the Government, it is better that the said Government Order is extracted, and it reads thus:
"ORDER
1.Government have issued various circulars and orders read above for the disposal of abandoned/seized/confiscated vehicles and several judgments also have been passed by the Hon'ble Courts giving detailed instructions and guidelines in the matter. The Hon'ble High Court of Kerale in its judgment' read as 11th paper above explored the State Government to settle the matter expeditioušly. Government have examined the matter in detail and are pleased to issue the following orders for the disposal of such vehicles including vehicles plying on water (Watar vessels)-in supersession of all other previous orders in force. 1.1 Seized/confiscated vehicles or vehicles or vehicles taking into custody during an enquiry.
Whenever a vehicle is seized by the police or any officer empowered under any legislation, it will be the duty of the seizing officer to produce W.P.(C) No. 10286/2019 :6: it before the appropriate Court within two weeks of the seizure after taking photographs, valuation reports and any other data of evidentiary nature. Before such production of the vehicle in court, the seizing officer or the SHO may attempt to identify the insurer of the vehicle, if any, through the Insurance Information Bureau created by IRDA or through any other accessible means.
The Supreme Court has made it abundantly clear in the judgments read as 8 and 9 abovë that the seized vehicles need not be retained in custody unless the Courts decide otherwise. The general intentíon of the judgments of various Courts is that the production of the vehicle need not be insisted upon during the 'trial 'and that the statements and photographs along with the valuation report should suffice for purposes of evidence. Wherever the Court directs to release the vehicle, it shall be done at any rate, within 2(Two) months from the date of receipt of the Court Order after taking detailed statements, photographs, valuation report and security bond. The photograph should invariably be attested and countersigned by the complainant, accused and the person to whom the custody is handed over. In such cases, generally, there shall not be any bar on the sale of the vehicle, unless the Court decides otherwise. Wherever the Court orders to sell the vehícle in auction, e-tender/e- auction procedure shall be adopted and the process initiated within a fortnight and completed within 6 mònths from the date of receipt of the Court order. It is reiterated that before initiation of the process, detailed statements, photographs and aný other data of evidentiary value should be captured and valuation report obtained.
The police or any other Department should retain the vehicle in safe Custody if the Court directs so explicitly.W.P.(C) No. 10286/2019 :7:
1.2 Abandoned vehicles As per G.O (P) 421/2010/RD dated 19/10/2010, the Superintendent of Police and the Commissioner of Police have been empowered with the powers of Collector under Chapter III of the Kerala Escheats and Forfeitures, Act 1964, for the purpoşe of disposal of abandoned vehicles. Accordingly, any vehicle found in a public place, the owner of which is not known, shall be taken into custody by the police officer who shall then sent it to the SP or the Commissioner of Police, as the same may be, for disposal. The Superintendent of Police/Commissioner of Police shall publish a notice in the Gazette and leading dailies inviting claimants to the vehicle within three months from the date of publication of the notice. If no claim is preferred within the said period, the Superintendent of Police/Commissioner of Police shall pass an order forfeiting the vehicle and the vehicle shall thereupon be sold in public auction as per the manner prescribed in the Kerala Escheats and Forfeiture Rules, 1965, if a claim is preferred and it is not contested, the vehicle shall be handed over to the claimant. In the case of a contested claim, the Superintendent of Police/Commissioner of Police shall refer the matter to the Court and shall be guided by the decision of the Court. Before release of the vehicle or before production of the vehicle before the Court, detailed statements, photographs and any other data of evidentíary value should be captured, and valuation report prepared. Wherever the vehicles are produced before the Courts, the procedure for disposal as at detailed 1.1 above shall be followed scrupulously, on receipt of orders of the Court.
2. Valuation of vehicles and report A District Valuation Committee is hereby constituted in each district with W.P.(C) No. 10286/2019 :8: the following members tor the purpose of valuation of vehícles seized by the Police department or any other department:
1. .District Collector- Chairperson
2. District Police Chief Member-Conyenor
3. District head of Motor Vehicłles Department- Member
4. District head of PWD (MT)-Member
5. Representative/s of the Department at Divistonal/District level under whose custody the vehicle is Special Invitee The fair value of the vehicles taken charge of/ confiscated/ seized/abandoned/pending trial shall be fixed following the procedure below:
The depreciation will be 20% of the purchase value for the first year. Thereafter it will depreciate at the rate of 20% of the depreciated value every year. From the 6th year upto the 10th year the depreciation will be 10% of the depreciated value every year. After 10 years, it will be treated as scrap.
The District Valuation Committee will fix the scrap value, of the vehicle along with the fair value.
3. Auction process and sale proceeds 3.1 wherever the Court orders auction of the vehicles, e-tender/ e-auction procedure shall be adopted and the process initiated within a fortnight and completed within 6 months from the date of receipt of the court order. 3.2. Wide publicity for the auction shall be given through leading dailies and websites. A dedicated website for the purpose shall be dveloped at the state level in due course.
3.3-The District head of the concerned department in possession of the W.P.(C) No. 10286/2019 :9: vehicle will be competent to auction the vehicle in Supersession of all the finañcial delegation orders issued in this respect on the basis of the fair value fixed by the District Vąluatión Committee:
3.4 A vehicle shall be disposed of in a maximum of 3 auctions fixed for the purpose. Where the fair value fixed for a vehicle does not fetch any offers, the district head of the concerned department shall be empowered to reduce the fair value by 10% for the second auction. 3.5. Where the auction does not fetch a bidder in the second auction, the district head of the concerned department shall take action to dispose of the vehicle as scrap on the basis of the value fixed by the District Valuation Committee for scrap.
3.6 Wherever the vehicles are auctioned or sold off, the sale proceeds should be kept in a dedicated interest-bearing account maintained solely for this þurpose, in which each deposit can be accounted for to ensure that the entire amount can be released to legally declared claimants as 'decided by the court. Orders will be issued separately in this matter.
However, if there is a specific provision under the statüte under which the vehicle was taken into custody/confiscated, to remit the amount to any other Head of Account/ Bank account, the same shall be complied with. 3.7 District heads of the concerned department may also dispose of the ehiclė ds per Government Order réad as 7th paper above.
4. Procedure for vehicles presently in the custody of Police or any other Department in categories mentioned at 1.1 & 1.2. 4.1. The Police Department and other departments shall take stock of the vehicles seized / confiscated taken into custody wth each Department at present. The Department shall prescribe a format for collection of the data and further reporting, as requíred.
W.P.(C) No. 10286/2019 : 10 :4.2. Any vehiicle not produced before the Court shall immediately be produced before the appropriate Court. This process shall be completed or before 31st December, 2018.
4.3. Where the vehicle is not in a condition to be produced before the Court, photograph, video and other evidence, if any, will be produced before the court with detailed statement with reasons for not producing the vehicle before the Court:
4.4. Further action in this respect shall be taken as per the directions of the concerned Court.
4.5. In respect of vehicles which have already been produced before courts and directions have not yet been issued by the Courts, urgent petition shall be moved as an Interlocutory Application by the concerned Department seeking urgent orders from the Court. 4.6. In respect of vehicles for which orders have already been pronounced pronounced by the concerned Courts, the concerned department shall take immediate action for disposal of seized/ detained/ confiscated vehicles. 4.7. Wherever the Police Department has taken abandoned vehicles in custody and no actión has so far been initiated, action shall immediately taken as per the procedure in Escheats and Forfeitures Act, 1964.
The concerned departments will issue enabling instructions/orders in consonance with the stipulations in this Government Order.
(By order of the Governor) TOM JOSE, CHIEF SECRETARY"
W.P.(C) No. 10286/2019 : 11 :
10. In fact, the case put forth by the petitioner is that the Government Order is violative of the provisions of Act, 1964.
However, it is clearly specified in the said order the manner in which the vehicles are to be disposed of. Taking note of the provisions of the Act, 1964 and the Rules thereto of 1965, the contention advanced by the petitioner that it is overlooking the requirements of the Act, 1964 and the Rules, 1965, the Government has issued the order, cannot be sustained under law. The notification only says that the Superintendent of Police/Commissioner of Police shall publish a notice in the gazette and leading dailies inviting claims to the vehicle within three months from the date of publication of notice. That does not mean that the order issued by the Government for the disposal of the vehicle is violative of the provisions of Act, 1964 and the Rules, 1965.
11. On an analysis of the Government Order, it can be clearly seen that a clear cut procedure is prescribed by the Government in order to tackle each and every situation, including the seizure, confiscation and disposal of the vehicles in cases pending before the competent courts of law. There can be no doubt that when a procedure is prescribed under any statute specifically as to the manner in which the vehicles are to be seized, confiscated and disposed of, then necessarily the jurisdiction of the said authority would have to be recognised and the operational mechanism contained under Ext. P9 W.P.(C) No. 10286/2019 : 12 : Government Order would have to concede to the same. That part, the Kerala Police Act, 2011 ('Act, 2011' for short) prescribes the manner in which the articles seized by the police are to be stored and disposed of. Sections 55 and 56 of the Act, 2011 makes it clear that there is a clear methodology prescribed for the disposal of such articles and they read thus:
"55 . Storage and disposal of articles seized by police.- (1) Every Police Station shall have sufficient space for the storage of articles seized by the Police and which came into the possession of the Police:
Provided that the Government may notify a suitable place other than the police station for keeping such articles in case sufficient space is not available there.
(2) The Police may destroy after collecting samples for forensic analysis, dangerous articles such as explosives, harmful chemicals, etc. in the presence of competent experts and after giving prior intimation to courts:
Provided that such sample collection may be dispensed with if any accident due to explosion or harm is imminent.
(3) Articles that are not likely to be useful later for any lawful purpose and subject to speedy decay shall be disposed of by auction under the orders of the District Police Chief and such proceeds thereof shall be deposited in the Criminal Justice Miscellaneous Expenses Fund.
(4) (a) When any article seized by the Police or under the control of the Court is ordered by any Court to be kept by the Police, the W.P.(C) No. 10286/2019 : 13 : Police Officer with whom the custody of the article is entrusted may if suitable place is not available under his control for the safe custody of such article, shall report that matter before the court.
(b) If such a situation is noticed, the court may permit such police officer to locate a suitable place for the storage of such articles and to keep that article there.
(c) The expenses incurred in connection with the safe custody and storage shall completely be met by the Government directly or from the Criminal Justice Miscellaneous Expenses Fund. (5) Any article seized by the police may, with the general or special permission of the court, be placed in the safe custody of such persons or agencies or institutions as may be appropriate to each circumstance.
56. Police action in respect of unclaimed articles.- (1) Every Police Officer shall undertake temporary charge of the following movable articles,-
(i) all movable articles found by him or transferred to him or in his possession which are not claimed by any one or refused to take over by anyone;
(ii) movable articles found lying in any public street, which are not being removed by anyone within a reasonable time, despite the owner or the person in charge thereof have given direction to remove the same by a notice affixed on or near the said articles. (2) The police officer undertaking the charge of the articles under sub-section (1) shall furnish the details in respect of the article and its value to the District Police Chief and to the Executive Magistrate having jurisdiction after getting its approximate market value in W.P.(C) No. 10286/2019 : 14 : writing assessed by a respectable merchant of that area who usually deals with such articles.
(3) If such article is subject to speedy natural decay or is livestock, then the station House Officer may forthwith sell the same in public auction.
(4) The District Police Chief shall issue a proclamation, specifying the details of the articles undertaken in charge under sub-
section (1), requiring any person who may raise a claim thereon to appear before the officer specified in the proclamation within thirty days from the date of such proclamation and to establish his claim. (5) The District Police Chief, may on satisfying the right of any person to the possession of the property specified in the proclamation, order the same to be released to him, after realizing the fees fixed for its seizure and custody:
Provided that such order shall not in any manner affect the legal right of another person to recover such article partially or fully from the person who got possession of such article by such order. (6) The District Police Chief may obtain such security as he thinks proper from the person to whom the said article is handed over under sub-section (5):
Provided that the District Police Chief may take action under sub- section (8) for any delay of more than two days in taking away the article in respect of which the right of possession was given without reasonable grounds.
(7) If no person establishes his claim on such article within the period specified in the proclamation, the article may be used in the Police Department in lieu of any article which was required to be ordinarily W.P.(C) No. 10286/2019 : 15 : purchased for official purpose or such property may be sold in auction under the orders of the District Police Chief and the sale proceeds thereof shall be credited to the Criminal Justice Miscellaneous Expenses Fund.
(8) (i) The State Police Chief may fix the norms from time to time for fixing the rates of fee to be levied for keeping such articles taking into account the size and nature of such article undertaken in the charge of the police under sub-section (1).
(ii) The District Police Chief may, on any day, sell the said article in auction after the fee to be levied from the claimant for keeping such article becomes half the market value of the article:
Provided that no such charges shall be collected from the actual owner of the article for the first seven days after the article was undertaken by the Police or for any period after the date of such article being taken for Government use.
(9) Where an unclaimed article had been sold in auction and later it is found that the actual owner had been wrongfully dispossessed of the article by another person and at the appropriate time he had reported that matter legally to the concerned authorities in time, the entire sale proceeds of such article shall be returned to the actual owner without deducting any amount as fees. (10) No police officer shall keep in custody any unclaimed livestock or article liable to speedy decay for more than one day and such officer shall not be held liable for any loss caused to anyone by reason of conducting auction of such articles forthwith. (11) No Police Officer shall make good, any loss, real or notional, caused to anybody by reason of the conducting auction as such of any W.P.(C) No. 10286/2019 : 16 : unclaimed article referred to in sub-section(1) after thirty days from the date on which the article came into the possession of the police."
12. After having analyzed Ext. P9 Government Order, the provisions of the Act, 1964 and the Rules, 1965, we are of the clear and considered opinion that all precautionary measures are provided by the State Government under Ext. P9 order to dispose of the seized/detained/confiscated vehicles and vessels.
13. In order to understand the implications of the contentions put forth, it is only appropriate that the relevant provisions of Act, 1964 is extracted and they read thus:
"11A. Abandoned property.-Any immovable property abandoned by the rightful owner thereof shall be abandoned property and shall belong to the Government.
11B. Preliminary inquiry.-Whenever the Collector receives information from any source that any immovable property situate within his jurisdiction has been abandoned by the rightful owner thereof, he shall cause an inquiry to be made as to which there is any legal claimant to such property.
11C. Publication of notice.-If as a result of the inquiry under Section 11B, the Collector is satisfied that there is a prima facie case of abandonment of the property by the rightful owner thereof, he shall publish in the Gazette a notice calling upon all persons who may have any claim to such property to appear before him and to prefer their claims within six months from the date of W.P.(C) No. 10286/2019 : 17 : publication of the notice.
11D. Investigation and decision.-If any claim is preferred within the period fixed under section 11C, the Collector shall investigate the claim and decide the case after such inquiry as he deems fit to make and issue notice of the decision to the parties concerned. 11E. Appeal.-
(1) An appeal shall lie to the Board from the decision of the Collector under section 11D within three months from the date of receipt of the notice of such decision by the parties concerned and the order of the Board on such appeal shall, subject to the provisions of sub-section (2) and section 11G, be final. (2) Any person aggrieved by the order of the Board under sub-
section (1) may, within sixty days of the date of communication of the order to the parties concerned, appeal to the Government against such order, and the order of the Government on such appeal shall, subject to the provisions of section 11G, be final. (3) No order under sub-section (1) or sub-section (2) shall be passed without giving all persons interested an opportunity of being heard.
11F. Taking possession by Collector.-
(1) Notwithstanding anything contained in Ss. 11C, 11D and 11E, the Collector may if satisfied after inquiry under S.11B that any immovable property has been abandoned by the rightful owner thereof, take possession of such property, provided the property is not in the possession of any person or the person in possession does not offer any opposition.
(2) If there is opposition in the taking possession of any property W.P.(C) No. 10286/2019 : 18 : by the Collector under sub-section (1), the person in possession of the property may be left in possession thereof until the claim is finally settled under the foregoing provisions of this Chapter. (3) The property taken possession of under sub-section (1) shall be managed by the Government in the manner prescribed. 11G. Saving of right to sue.-Nothing in this Chapter shall be held to prevent any person deeming himself aggrieved by any decision or order passed or proceedings taken or purporting to be passed or taken under this Chapter from filing a suit against the Government in the competent civil court for establishing his claim. 11H. Disposal of property.-Abandoned property shall be disposed of in accordance with the provisions of the Kerala Government Land Assignment Act, 1960 and the rules made thereunder:
Provided that such property shall not be sold until it has been in the possession of the Government for not less than twelve years).
12. Police to take charge of unclaimed properties found in public places.-Any article found in a public place, the owner of which is not known, shall be taken charge of by any police officer who shall send them for disposal to the Collector.
13. Publication in the Gazette.- (1) The Collector shall publish a notice in the Gazette inviting claimants to prefer claims to the article sent to him by the police under section 12 within three months from the date of publication of the notice.
(2) Nothing contained in sub-section (1) shall prevent the Collector from disposing of any perishable articles, which come into his possession, at any time, either before or after the publication of the notice under sub-section (1). W.P.(C) No. 10286/2019 : 19 : (3) The article referred to in sub-section (2) shall be sold in public auction in the manner prescribed, and the proceeds of the sale shall be handed over to the rightful claimants after deducting the expenses of the sale or credited to the Government if no claim is preferred within the period specified in sub-section (1).
14. Forfeiture of articles.-If no claim is preferred within the period specified in sub-section (1) of section 13, the collector shall pass an order forfeiting the articles, other than those dealt with under the sub section (2) of the said section, to the Government, and the articles shall thereupon be sold in public auction in the manner prescribed, and the sale proceeds credited to the Government.
15. Uncontested claim.-If a claim is preferred within the time allowed and it is not contested, the article shall be handed over to the claimant.
16. Contested claim.-In the case of a contested claim, the Collector shall refer the matter to the court and shall be guided by the decision of the court :
Provided that nothing contained in this section shall prevent the Collector from disposing of any perishable articles which come into his possession by public auction in the manner prescribed, at any time before the decision of the court, and in that case the sale proceeds shall be handed over to the court after deducting therefrom the expenses of the sale."
14. On an analysis of Section 11 of the Act, 1964, it is evident that it only deals with immovable properties abandoned, and therefore it will not have any bearing to the vehicles abandoned, and the period W.P.(C) No. 10286/2019 : 20 : of six months prescribed under Section 11C for making claim is only in respect of immovable properties. On the other hand, the provision applicable to the movables is Section 13 of the Act 1964, for which a time limit of three months is prescribed for making claims. Therefore, it is clear that the provisions of Act, 1964, the Rules thereto and the Act, 2011 prescribe clear modalities and procedures for the disposal of the vehicles, and it is in contemplation of the said provisions, and taking into account the procedure prescribed under various statutes, Ext. P9 order was issued.
15. In that view of the matter, we do not think, the petitioner has made out any case to interfere with Ext. P9 order, there being no arbitrariness or illegality on the part of the State Government in passing Ext. P9 order, and therefore, he is not entitled to get the relief of quashing Ext. P9 order. However, the writ petition is disposed of directing the State and its officials to take appropriate action in respect of the vehicles seized etc. in accordance with the provisions of law discussed above as early as possible, and also to ensure that no seized, confiscated and abandoned vehicles are stored by the side of the road and police stations, thus causing any manner of prejudice to the public at large.
We also direct the State Government to ensure that sufficient storage space is secured by the police in order to store the vehicles W.P.(C) No. 10286/2019 : 21 : during the pendency of the adjudication, confiscation and disposal of the vehicles, vessels and other articles seized by the police, and for storage and disposal of abandoned vehicles.
sd/-
S. MANIKUMAR, CHIEF JUSTICE.
sd/-
SHAJI P. CHALY, JUDGE.
Rv W.P.(C) No. 10286/2019 : 22 : APPENDIX OF WP(C) 10286/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 19.04.2010 IN GENERAL INSURANCE COUNCIL AND OTHERS VS. STATE OF A.P(2010(6)SCC 768).
EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.89584/G3/08/HOME DATED 5.1.2009 OF THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE G.O(RT)NO.3792/HOME DATED 20.12.2010 OF THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE G.O(MS)NO.223/12/FIN. DATED
17.04.2012 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE GO(RT) NO.5740/13/FIN.DATED 11.7.2013 ISSUED BY THE 1ST RESPONDENT EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS NO. NO.C-
5/58110/2011/SB DATED 09.05.2013 ISSUED BY THE ADDITIONAL DGP(INTELLIGENCE) TO THE DIRECTOR GENERAL OF POLICE.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 10.4.2018 PASSED IN WPC 24734/2017 AND CONNETED CASES.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 6.7.2018 IN WPC NO.24734/2017 AND CONNECTED CASES.
EXHIBIT P9 TRUE COPY OF THE GO(P) NO.60/2018/HOME DATED 11.9.2018 ISSUED BY THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS: NIL /True Copy/ PS To Judge rv