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2026 Supreme(Online)(Ker) 3438

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
CHACKO THOMAS – Appellant
Versus
THE UNION OF INDIA – Respondent
WP(C) NO. 39515 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.P.K.PRIYA, SMT.CHRISTY TONY, SMT.MARIAM J. MANAVALAN
For the Respondents: SRI.SREEKANTH K.M.

The unlawful seizure of property requires due compensation and reinstatement of rights.

Headnote:This judgment addresses the writ petition filed under WP

(C) NO. 39515 OF 2025 concerning the release of a vehicle unlawfully seized by authorities. The Court notes that interim relief was granted to release the vehicle. The key concerns involved the unlawful seizure and entitlement to compensation. The primary issue was whether the seizure was justified. The court ruled favorably for the petitioner, asserting that the detention was unwarranted.

Table of Content
1. the petitioner's vehicle was unlawfully seized and needs to be released. (Para 1 , 2)
2. compensation must be addressed due to the illegal seizure. (Para 3 , 4)

JUDGMENT

The writ petition is filed with the following prayers:-

i. Direct the respondents to release the vehicle of the petitioner bearing Registration No.KL-69-E-1670.

ii. And also direct the respondent and their subordinates not to intercept/seize the vehicle of the petitioner bearing Registration No.KL-69-E-1670 unnecessarily/unlawfully, in the interest of justice.

2. This Court has passed an interim order on 19.12.2025, as follows:

“Learned counsel for the petitioner submits that the petitioner is moving an application for the release of the vehicle bearing registration No.KL-69/E-1670 before the Judicial First Class Magistrate Court, Nedumkandam, Idukki District.

2. Taking note of the allegations made by the petitioner against the seizure of the vehicle, and the fact that a new vehicle is kept idle, the learned Magistrate is directed to release the vehicle in question on suitable conditions by passing appropriate orders within a week from today.

3. It is made clear that this order is provisional and subject to further orders to be passed in the writ petition.

Post on 15.01.2026.”

3. The learned counsel on both sides submit that the vehicle was released on 24.12.2025.

4. The learned counsel for petitioner submits that the petitioner intends to challenge the challan issued and also seek compensation for the illegal seizure of the vehicle. The petitioner also submits that the tax for the period the vehicle was illegally detained has also to be refunded/adjusted.

Without prejudice to the right of the petitioner to initiate appropriate proceedings in accordance with law, this writ petition is closed.

Sd/-

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