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ABDU SALAM M.P versus THE TAHSILDAR

High Court of Kerala

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ABDU SALAM M.P v. THE TAHSILDAR - WP(C) No. 8796 of 2007(V) [2007] RD-KL 5922 (22 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8796 of 2007(V)

1. ABDU SALAM M.P.
... Petitioner

Vs

1. THE TAHSILDAR
... Respondent

For Petitioner :SRI.SUNNY MATHEW

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :22/03/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) No. 8796 OF 2007

Dated this the 22nd day of March, 2007



JUDGMENT

The Government Pleader has filed a detailed statement. I do not propose to go into the merits of the matter. Ultimately the District Collector will have to adjudicate the issue. I permit the petitioner to file an application before the District Collector requesting to release the load and lorry, pending adjudication. While considering that application the District Collector will take into account the Principles laid down in Moosakoya V. State of Kerala(2005 (4) KLT 331) and also the judgment in Crl.M.C No.649 of 2007. The District Collector will impose only conditions regarding remittance of cash, Rs.10,000 to Rs.15,000/- and filing of affidavit by the petitioner undertaking to produce the lorry in good running condition, upon directions in that regard by himself or any other competent authority. Orders shall be passed by the District Collector within 7 days of receiving application for interim release.

PIUS C. KURIAKOSE, JUDGE

btt WPC 2


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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