Eldhose M Alias vs the Geologist

Eldhose M Alias vs The Geologist

Type Court Judgment Court Kerala Decided Sep 03, 2024

~3 min read

https://sooperkanoon.com/case/1314047

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1314047
Court: Kerala High Court
Judge: Honourable Mr. Justice Harisankar V. Menon
Decided On: Sep 03, 2024
Case Number: WP(C)/40457/2017

Parties & Advocates

Appellant / Petitioner

Eldhose M Alias

Respondent

The Geologist

Excerpt

.....release of the petitioner's vehicle seized and detained under ext.p3 check report in accordance with the procedure laid down in section 114 of the motor vehicles act, 1988. iii. issue such other writ order or direction as this hon’ble court may deem fit and appropriate in the facts and circumstances of the case. (sic)2. when this writ petition came up for consideration on 15.12.2017, this court passed the following order: “admit. the learned government pleader takes notice for the respondents.post after one month for the counter affidavit of the respondents. taking note of the submission of the learned counsel for the petitioner that he wants to agitate the legal issue raised in the writ petition, it is made clear that if the petitioner chooses to compound the offence during the pendency of the writ petition, he will be free to do so, without prejudice to the legal contentions that he raised in the writ petition.”3. in the light of the above order, i think no furtheraction is necessary. moreover, there is no representation for the petitioner. probably the petitioner might have been compounded the offence. therefore, this writ petition is closed, recording theorder dated 15.12.2017.sd/- p.v.kunhikrishnan jv judge appendix of wp(c) 40457/2017 petitioner exhibits exhibit p1 a true copy of the certificate of registration of kl-40/d 556. exhibit p2 a true copy of the minimal transit pass dated 25/11/2017. exhibit p3 a true copy of the check report dated exhibit p4 a true copy of the interim order dated 21.07.2015 in wpc no: 21823 of 2015. exhibit p5 true copy of the notice dated respondent. exhibit p6 a true copy of the order dated 2016.exhibit p7 a true copy of the judgment dated exhibit p8 a true copy of the objection dated exhibit p9 true copy of the proceedings of the1st respondent dated 12/12/2017.exhibit p10 true copy of the government ordergo(ms) no: 51/2017/id dated 21/6/2017.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946 WP(C) NO. 40457 OF 2017 PETITIONER: ELDHOSE M ALIAS AGED 40 YEARS, S/O. ALIAS, MEPRATHUMALY HOUSE, VENGOLA P.O, PERUMBAVOOR. BY ADVS. G.HARIHARAN PRAVEEN.H.(K/1441/2002) K.S.SMITHA(K/106/2012) V.R.SANJEEV KUMAR(K/000741/2017) B.R.SINDU(K/632/2002.) RESPONDENTS: 1 THE GEOLOGIST MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE, KOLLAM - 691 001. 2 THE REGIONAL TRANSPORT OFFICER KOLLAM - 691 001. 3 THE ASSISTANT MOTOR VEHICLES INSPECTOR KOLLAM - 691 002. SRI.RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- W.P.(C).No.40457 of 2017 ---------------------------------------------- Dated this the 11th day of April, 2024

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ in the nature of certiorari or such other writ, order or direction calling for the records leading to Ext.P9 and quash the same. ii. Issue a writ in the nature of mandamus or such other writ, order or direction commanding the 2 nd respondent to immediate release of the petitioner's vehicle seized and detained under Ext.P3 check report in accordance with the procedure laid down in Section 114 of the Motor Vehicles Act, 1988. iii. Issue such other writ order or direction as this Hon’ble Court may deem fit and appropriate in the facts and circumstances of the case. (SIC)

2. When this writ petition came up for consideration on 15.12.2017, this Court passed the following order: “Admit. The learned Government Pleader takes notice for the respondents.

Post after one month for the counter affidavit of the respondents. Taking note of the submission of the learned counsel for the petitioner that he wants to agitate the legal issue raised in the writ petition, it is made clear that if the petitioner chooses to compound the offence during the pendency of the writ petition, he will be free to do so, without prejudice to the legal contentions that he raised in the writ petition.”

3. In the light of the above order, I think no further

action is necessary. Moreover, there is no representation for the petitioner. Probably the petitioner might have been compounded the offence. Therefore, this writ petition is closed, recording the

order dated 15.12.2017.

sd/- P.V.KUNHIKRISHNAN JV JUDGE APPENDIX OF WP(C) 40457/2017 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-40/D 556. EXHIBIT P2 A TRUE COPY OF THE MINIMAL TRANSIT PASS DATED 25/11/2017. EXHIBIT P3 A TRUE COPY OF THE CHECK REPORT DATED EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER DATED 21.07.2015 IN WPC NO: 21823 OF 2015. EXHIBIT P5 TRUE COPY OF THE NOTICE DATED RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 2016.

EXHIBIT P7        A TRUE COPY OF THE JUDGMENT DATED
EXHIBIT P8        A TRUE COPY OF THE OBJECTION DATED
EXHIBIT P9        TRUE COPY OF THE PROCEEDINGS OF THE

1ST RESPONDENT DATED 12/12/2017.

EXHIBIT P10 TRUE COPY OF THE GOVERNMENT ORDER

GO(MS) NO: 51/2017/ID DATED 21/6/2017.

Same Court & Year Kerala · 2024 Same Parties Eldhose M Alias vs The Geologist Same Judge Honourable Mr. Justice Harisankar V. Menon