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Kerala High Court

Basheer K. Mohammed vs State Of Kerala on 15 September, 2022

Author: Murali Purushothaman

Bench: Murali Purushothaman

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        Thursday, the 15th day of September 2022 / 24th Bhadra, 1944
                         WP(C) NO. 17143 OF 2022(P)
PETITIONER:

     BASHEER K. MOHAMMED, AGED 60 YEARS, S/O. KUNHIMOHAMED K.M., CHALIL
     HOUSE, MAMPURAM P.O., ABDURAHIMAN NAGAR, MALAPPURAM DISTRICT -
     676306.

RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO LOCAL SELF
     GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
     690001.

and 6 others.


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order or direction directing the respondents 4 and 5 to
release the articles seized by Exhibit P9 seizer mahazar to the petitioner
and permit him to function his unit on the strength of Exhibit P1 license,
within a time stipulated by this Hon'ble Court, pending disposal of this
Writ Petition (Civil).


     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
11.08.2022 and upon hearing the arguments of M/S C.M.MOHAMMED IQUABAL,
P.ABDUL    NISHAD    and   RAIHANATH    T.H.,    Advocates    for   the
petitioner, GOVERNMENT PLEADER for R1, SRI.RAAJESH S. SUBRAMANIAN,
Advocate for R2 and of STANIDNG COUNSEL for R3, the court passed the
following:




                                                                 p.t.o
      Exhibit P7:- THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE CIPET,
CHENNAI, DATED 21.10.2019.

     Exhibit P9:- THE TRUE COPY OF THE SEIZER MAHAZAR PREPARED BY 3RD
RESPONDENT DATED 21.05.2022.
                        MURALI PURUSHOTHAMAN, J.
                     ---------------------------------------------
                           W.P.(C) No.17143 of 2022
                   -------------------------------------------------
                  Dated this the 15th day of September, 2022

                                     ORDER

The samples of the articles seized which are referred to in Ext.P9 and now in the custody of the Panchayat shall be collected by the 3rd respondent and send for inspection and report by the Authority which issued Ext.P7 viz; the Central Institute of Plastics Engineering & Technology, Department of Chemicals & Petrochemicals, Ministry of Chemicals & Fertilizers, Government of India, Guindy, Chennai - 600 032. The samples shall be collected in the presence of the petitioner and the 7th respondent.

Post after two months.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR 15-09-2022 /True Copy/ Assistant Registrar