Raveendran P vs State Of Kerala

Murali Purushothaman, J

The petitioner is the registered owner of a vehicle, Load King Pride, bearing registration No.KL-56-C-8362. Based on a complaint received by the Municipality, the said vehicle was seized by the 4th respondent alleging that the said vehicle was used for dumping septage waste on the side of Parassinikkadavu Canal. After seizure of the vehicle, the 5th respondent has forwarded a report to the Sub Divisional Magistrate for proceeding against the petitioner in terms of Sections 340A and 340B of the Kerala Municipality Act, 1994 [for brevity, ‘the Act’]. The petitioner has filed this writ petition seeking a direction to release the vehicle, which is now in the custody of the 4th respondent, pursuant to Ext.P4 notice.

Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel appearing for the respondent Municipality.

The learned Standing Counsel for the Municipality submits that the Municipality has reported the seizure of the vehicle to the Sub Divisional Magistrate for invoking the provisions of Sections 340A and 340B of the Act.

Be that as it may, since the vehicle was seized as early as on 26.06.2023, to prevent the vehicle from being rusted and ruined, this Court feels it appropriate to release the vehicle to the petitioner on executing a bond to the effect that he will produce the vehicle as and when required by the 3rd respondent.

Accordingly, this writ petition is disposed of with the following directions:

i. The 3rd respondent shall release the vehicle, Load King Pride, bearing registrationNo.KL-56-C-8362 to the petitioner, on executing a bond for Rs.2,00,000/-, with two solvent sureties to the like sum before the 3rd respondent and on condition that the petitioner will produce the same as and when required by the 3rd respondent.

ii. If the bond is executed as directed above, the vehicle will be released within three days from the date of production of the bond.

iii. The petitioner will not transfer the vehicle till the 3rd respondent conclude the proceedings and the petitioner shall not do any illegal activity with the vehicle.