MUHAMMED FAZIL M v. REVENUE DIVISIONAL OFFICER (SDM)
WP(C)/14224/2025 · 2025-04-07
T R Ravi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 6858 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6858 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP(C) NO. 14224 OF 2025 1 2025:KER:30134 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 14224 OF 2025 CRIME NO.1868/2024 OF Kuttipuram Police Station, Malappuram PETITIONER:
MUHAMMED FAZIL M AGED 35 YEARS S/O ABU M, MELETHIL HOUSE, RANGATTOOR, NEAR AYISHA JELLY COMPANY, NADUVATTOM PO, MALAPPURAM DT, KERALA- (AGREEMENT OWNER OF VEHICLE NO. KL-11-X/2455), PIN – 679 571 BY ADVS.
SRI.SHOBY K.FRANCIS SRI.AGI SHOBY RESPONDENTS: 1 REVENUE DIVISIONAL OFFICER (SDM) OFFICE OF RDO & SUB-DIVISIONAL MAGISTRATE, TIRUR, P O TIRUR , MALAPPURAM., PIN – 676 101 2 STATION HOUSE OFFICER (SHO) INSPECTOR OF POLICE, KUTTIPPURAM POLICE STATION, KUTTIPPURAM PO, MALAPPURAM DT., PIN – 679 571 SRI. RAJEEV JYOTHISH GEORGE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14224 OF 2025 2 2025:KER:30134 T.R.RAVI.J --------------------------------------- WP(C) No.14224 of 2025 --------------------------------------- Dated this the 07th day of April, 2025 JUDGMENT
The writ petition has been filed by a person who claims himself to be entitled to release of a vehicle on the basis of a sale agreement which has been entered in May 2024. The vehicle was taken custody in November 2024, much after the said agreement and the writ petition itself is filed in 2025. No relief can be granted on the basis of a sale agreement since it is in the nature of releasing a vehicle to the custody. Only a person who is entitled to lawful custody can seek such a relief. The writ petition is hence dismissed without prejudice to the right of the lawful owner to approach the Court. Sd/- T.R.RAVI sn JUDGE
WP(C) NO. 14224 OF 2025 3 2025:KER:30134 APPENDIX OF WP(C) 14224/2025 PETITIONER’S EXHIBITS Exhibit P-1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE KL-11-X/2455 DATED 10-3-2006 Exhibit P-2 A TRUE COPY OF THE SALE AGREEMENT DATED 7-5- 2024 OF THE VEHICLE BEARING REG. NO. KL-11- X/2455 EXECUTED IN FAVOR OF THE PETITIONER Exhibit P-3 A TRUE COPY OF THE FIR REGISTERED BY THE 2ND RESPONDENT POLICE DATED 23-11-2024 IN CRIME NO. 1868/2024 Exhibit P-4 A TRUE COPY OF THE SEIZURE MAHAZAR DATED 22- 1-2025 ISSUED BY THE 2ND RESPONDENT Exhibit P-5 A COLOR PHOTOGRAPH OF THE VEHICLE BEARING REGISTRATION NO. KL-11-X/2455 DATED NIL