High CourtsSingle Bench(2011) 03 KL CK 0164

Yakoob Sulthan vs The Sub Divisional Magistrate and The Circle Inspector of Police

High Court Of Kerala · Decided on 8 March 2011

HON’BLE JUDGES
Antony Dominic, J
CASE NUMBER
WP (C) No. 5006 of 2011 (A)

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Judgment

7 paragraphs · 303 words

Antony Dominic, J.—The prayer sought in this writ petition reads as follows:

(i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents to release Motor Cycle bearing Reg. No. KL- 42/2327 to the Petitioner forthwith.

2.

According to the Petitioner, he is the owner of a TVS Victor GLS Motor Cycle bearing Regn. No. KL-42/2327. It is stated that since the vehicle was involved in a self accident, the police took the vehicle into custody in February, 2010. It is stated that, subsequently when Ext.P2 gazette notification was published, Petitioner submitted Ext.P3 representation requesting for release of the vehicle as according to him, the vehicle was not released to the Petitioner so far.

3.

Learned Government Pleader on instruction submits that after the self accident mentioned above, Petitioner himself surrendered the vehicle before the 2nd Respondent stating that after treatment and recovery, he will come back and claim the vehicle. It is stated that, thereafter Petitioner never turned up, as a result of which, in compliance of the directions of the Director General of Police, Ext.P2 notification was issued, which also was not responded. It is submitted that Ext.P3 representation was never received by the Respondent. On account of the above, the vehicle was auctioned on 16/2/2011 along with other vehicles and the same has been sold to Sri. Unni, Vazhathara Veedu, Panampukadu, Vallarpadam for an amount of ` 4,022/-. It is stated that the vehicle has been delivered to the purchaser.

4.

As already seen, the relief sought in this writ petition is to direct that the vehicle shall be released to the Petitioner.

5.

Having regard to what transpired as submitted by the learned Government Pleader, the question of directing the Respondents to release the vehicle does not arise.

Writ petition is therefore closed.