Kerala High Court

WP(C)/38753/2010 of SAJI GEORGE Vs THE SUB INSPECTOR OF POLICE on 31 December 2010

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 31ST DECEMBER 2010 / 10TH POUSHA 1932 WP(C).No. 38753 of 2010(T) -------------------------- PETITIONER(S): --------------- SAJI GEORGE, S/O.GEORGE, AGED 39, THEKKUMMURIYIL HOUSE, VALLAMKULAM,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN

FRIDAY, THE 31ST DECEMBER 2010 / 10TH POUSHA 1932

WP(C).No. 38753 of 2010(T)

--------------------------

PETITIONER(S):

---------------

SAJI GEORGE, S/O.GEORGE, AGED 39,

THEKKUMMURIYIL HOUSE, VALLAMKULAM, THIRUVALLA, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.SAKIR.K.H.

RESPONDENT(S):

---------------

1. THE SUB INSPECTOR OF POLICE,

THIRUVALLA POLICE STATION,PATHANAMTHITTA DISTRICT, PIN 689645.

2. THE REVENUE DIVISIONAL OFFICER,

THIRUVALLA, PATHANAMTHITTA DISTRICT-689645.

3. THE STATE OF KERALA, REPRESENTED BY

THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM-695001.

SENIOR GOVERNMENT PLEADER SRI.P.N. SANTHOSH

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 31/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K.SURENDRAMOHAN, J.

---------------------------------------------- WP (C) No. 38753 of 2010

---------------------------------------------- Dated this the 31[st] day of December, 2010

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J U D G M E N T

The petitioner has filed this writ petition complainingthat a canoe owned by him covered by Ext.P1 licence, hasbeen taken into custody by the first respondent and isretained by him. According to the petitioner, the canoewas empty at the time of seizure and did not contain anyunauthorised article, including river sand. Therefore, thefirst respondent has no authority to retain the said canoein custody. The petitioner has submitted Ext.P2 beforethe 2[nd] respondent seeking release of his canoe. Ext.P2was submitted on obtaining the information from the firstrespondent that the canoe had been handed over to thecustody of the 2[nd] respondent. According to thepetitioner, the detention of his canoe has been the causeof a lot of hardship to him.

2. Since Ext.P2 is pending consideration before the 2[nd] respondent, it is sufficient that the same is directed tobe considered and disposed of without delay.

WP (C) No. 38753 of 2010

2

3. In the above circumstance, this writ petition is disposed of directing the 2[nd] respondent to consider andpass orders on Ext. P2 representation in accordance withlaw, as expeditiously as possible, at any rate within threeweeks from the date of receipt of a copy of thisjudgement.

K.SURENDRAMOHAN,

JUDGE.

rkc

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