IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12512 of 2010(L)
1. A.V.SHAFI, AGED 35 YEARS
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, KASARAGOD.
... Respondent
2. THE TAHSILDAR, KASARGOD.
3. THE STATION HOUSE OFFICER
For Petitioner :SRI.T.SETHUMADHAVAN
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :08/04/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No.12512 of 2010-L
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Dated this the 8th day of April, 2010.
JUDGMENT
The petitioner herein is the registered owner of a tipper Lorry bearing
registration No.KL-14-H3492, having a goods carriage permit. It is the case
of the petitioner that on 5.3.2010, a Constable attached to the third
respondent intercepted the vehicle and directed the driver of the vehicle to
show the passes for transportation of sand. According to said Constable,
when he asked the driver to stop the vehicle, the driver pushed the
constable and drew the vehicle. A complaint was filed by the said
Constable to the third respondent and a crime as Crime No.77/2010 of
Bedakam Police Station was registered against the driver of the vehicle.
Thereafter, the third respondent issued a notice to the petitioner to produce
the vehicle. Ext.P5 is the said notice. Pursuant to the said notice, the
petitioner produced the vehicle on 25.3.2010. The allegation raised is that
the vehicle was involved in illegal transportation of river sand. The
grievance of the petitioner is that the vehicle has not been released so far
and it is now kept in the open air and if the same is allowed, the vehicle
will get damaged. It is in these circumstances, this writ petition is filed
wpc 12512/2010 2
seeking for a direction to the third respondent to release the vehicle.
2. Heard learned counsel for the petitioner and learned Govt.
Pleader.
3. If the petitioner files an appropriate representation to the first
respondent seeking interim custody of the vehicle, the first respondent will
take a decision on the same within a period of seven days from the date of
receipt of the representation, in the light of the well settled principles laid
down by this Court in various decisions including Subramanyan v. State
of Kerala (2009 (2) KLT 77) and on such terms and conditions. The matter
will be considered in accordance with law. There will be a further direction
to the first respondent to pass final orders within a period of two months
from the date of receipt of a copy of this judgment with notice to the
petitioner and after considering the pleas raised by the petitioner, on merits.
(T.R. Ramachandran Nair, Judge.)
kav/