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.
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W.P.(C). No.8234/2010-D
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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.)
ms