RAVEENDRAN P. Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 Ss. 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.

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

(3.) 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 Ss. 340A and 340B of the Act.