IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6079 of 2010(H)
1. ABOOBACKER A.P ,AGED 43 YEARS
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, MALAPPURAM
... Respondent
2. THE SUB INSPECTOR OF POLICE, TIRUR.
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :24/02/2010
O R D E R
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C)No.6079 of 2010
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Dated this the 24th day of February, 2010
JUDGMENT
The petitioner herein is the registered owner of a Goods
vehicle bearing registration No.KL.07.D.7858. It is submitted
that the vehicle has been seized by the second respondent on
16/02/2010 alleging illegal transportation of river sand. It is the
case of the petitioner that the said vehicle was used for
transportation of sand with a valid permit. But at the time of
seizure the pass was not handed over to the Police Officers as he
was of the belief that the same would be destroyed. The
petitioner has filed this writ petition seeking for a direction to
the respondents to release the above vehicle to the petitioner.
2. The respondent is conferred with the power to
consider the release of the vehicle by way of an interim measure
in the light of the decision of this Court in Subramanian Vs.
State of Kerala (2009 (1)KLT 77), after assessing various
materials and on such conditions which he deems fit to impose.
3. Therefore, if the petitioner moves an application for
interim custody of the vehicle before the first respondent, there
W.P.(C)No.6079 of 2010
2
will be a direction to the 1st respondent District Collector to
consider the application after verifying the documents produced
by the petitioner. Orders regarding interim custody of the
vehicle shall be passed within 7 days from the date of receipt of a
copy of this judgment. It will be open to the 1st respondent to
impose such conditions as he deems fit if the vehicle is released.
4. There will be a further direction to the District
Collector to pass final orders on the proceedings within a period
of two months after hearing the petitioner and after assessing
various materials produced by him. The petitioner is relying
upon; Ext.P2 a copy of the pass issued by the Secretary,
Triprangode Panchayat; a compliant by Ext.P4 and; a paper
report by Ext.P5 to show that the seizure is clearly illegal.
The writ petition is disposed of as above. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE
skj