High Court Kerala High Court

Abu Thahir.K.M vs The District Collector on 12 March, 2010

Kerala High Court
Abu Thahir.K.M vs The District Collector on 12 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8234 of 2010(D)


1. ABU THAHIR.K.M,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.P.K.SAJEEV

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :12/03/2010

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                  W.P.(C). No.8234/2010-D
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
            Dated this the 12th day of March, 2010

                      J U D G M E N T

The petitioner is the owner of a goods carriage TATA

407 bearing Registration No.KL-10-L-722. It is stated that

he had purchased the same from one Shri Hamsa. Ext.P2 is

the copy of the sale agreement executed between the

petitioner and Shri Hamsa. On 19/11/2009 the vehicle was

intercepted and was seized by the Cheruthuruthy police on

the allegation of transporting river sand on 18/11/2009

without any valid permit and a crime has also been

registered as Crime No.555/2009. He denies the said

allegation. It is the case of the petitioner that the said

vehicle was entrusted with the Sree Ayyappa Auto Garage,

Chelakkara for test works on 11/11/2009 and he received the

same only on 18/11/2009 at night 12.30 a.m, and was

thereafter it entrusted with Al-Ameen Service Centre,

Venganellur for service works. It was while returning

after service works that the vehicle was seized.

2. The petitioner has made a request to the first

respondent for interim custody of the vehicle in the light

of the decision of this Court in Subramanian v. State of

Kerala [2009 (1) KLT 77). Ext.P5 is the copy of the said

W.P.(C). No.8234/2010
-:2:-

request. Aggrieved by the delay in disposal of the said

application, the petitioner has filed this writ petition.

3. Heard learned counsel for the petitioner and the

learned Government Pleader.

4. There will be a direction to the first respondent

to take a decision on Ext.P5 within a period of seven days

from the date of production of a copy of this judgment, in

the light of the well settled principles laid down by this

Court in various decisions and, on such terms and

conditions which he deems fit to impose. 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.)

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