IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8824 of 2010(C)
1. ABDUL RASHEED P.,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, MALAPPURAM.
... Respondent
2. SUB INSPECTOR OF POLICE, KOLATHUR
For Petitioner :SRI.ESM.KABEER
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :17/03/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.8824/2010-C
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Dated this the 17th day of March, 2010
J U D G M E N T
The petitioner herein is the agreement owner and in
possession of a goods carriage bearing Registration No.KL-
17-C-8628. On 03/02/2010, the said vehicle was intercepted
by the Sub Inspector of Police and was seized alleging
illicit transportation of sand. The said allegation is
denied by the petitioner.
2. The petitioner 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.P3 is the copy of the said
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. It is submitted by the learned counsel for the
petitioner that the vehicle is abandoned in an open space
exposed to sun and rain, and the same will cause serious
damage to the vehicle. It is also submitted that the said
vehicle is the only livelihood of the petitioner and, he
and his family is put to starvation.
W.P.(C). No.8824/2010
-:2:-
5. There will be a direction to the first respondent
to take a decision on Ext.P3 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 the registered owner, and after considering
the pleas raised by them, on merits.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
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