Kerala High Court
Ajayan M.V vs State Of Kerala on 20 November, 2012
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
THURSDAY, THE 13TH DAY OF DECEMBER 2012/22ND AGRAHAYANA 1934
WP(C).No. 29812 of 2012 (B)
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PETITIONER:
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AJAYAN M.V, AGED 40 YEARS
S/O.VISWANADHAN, MARAPARAMBIL, IDAVATTOM P.O.
K.S.MANGALAM VILLAGE, VAIKOM.
BY ADVS.SRI.K.C.ELDHO
SRI.JIJO THOMAS
SRI.SURAJ.S
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE DISTRICT COLLECTOR
KOTTAYAM-686001.
3. THE STATION HOUSE OFFICER
VAIKOM POLICE STATION, VAIKOM, KOTTAYAM-686141.
BY GOVERNMENT PLEADER SMT.SAREENA GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C)No..29812/12
PETITIONER(S) EXHIBITS
EXHIBIT P1: TRUE COPY OF THE FIR IN CRIME NO.1100 OF 2012 REGISTERED
AGAINST THE PETITIONER AND OTHERS
EXHIBIT P2: TRUE COPY OF THE SEIZURE MAHAJAR PREPARED BY THE 3RD
RESPONDENT
EXHIBIT P3: TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE
THE JFCM-I, VAIKOM FOR THE RELEASE OF THE VEHICLE
EXHIBIT P4: TRUE COPY OF THE COMMON ORDER ISSUED BY THE JFCM-I IN
CRIME NO.1100/2012 OF VAIKOM POLICE STATION
EXHIBIT P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETTIONER DATED 20.11.2012
EXHIBIT P6: TRUE COPY OF THE POSTAL RECEIPT EVIDENCING THE SENDING
OF EXHIBIT P5.
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A.TO JUDGE
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T.R.RAMACHANDRAN NAIR, J.
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W.P.(C)No.29812 Of 2012
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DATED THIS THE 13th DAY OF DECEMBER, 2012
JUDGMENT
The petitioner's vehicle KL-40B-1227 is involved in proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Exhibit P1 is the copy of the FIR in Crime No.1101/12. After the petitioner filed proper application, the Judicial First Class Magistrate directed release of the vehicle on certain conditions as per Exhibit P4 order. Since the petitioner could not deposit 30% of the value of the vehicle, because of financial difficulties, he is unable to get release of the vehicle. Therefore the petitioner seeks for a direction to complete the final adjudication proceedings within a time frame. Seeking for appropriate action in the matter and explaining difficulties, the petitioner has filed Exhibit P5, a detailed representation before the District Collector and Exhibit P6 is the postal receipt evidencing the sending of the same. It is contended that at the time of seizure, no sand was being transported.
W.P.(C)No.29812/12 -2-
2. The learned Government Pleader submitted that various steps have been taken for completion of the proceedings.
3. Herein the vehicle was seized on 17.9.2012 and nearly three months have gone after the seizure. There will be a direction to the 2nd respondent to complete the final adjudication proceedings, after hearing the petitioner, within a period of six weeks from the date of production of a certified copy of the judgment along with a copy of the Writ Petition.
The Writ Petition is disposed of as above.
Sd/-(T.R.RAMACHANDRAN NAIR) JUDGE.
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