James Joseph vs State Of Kerala on 12 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32257 of 2007(M)


1. JAMES JOSEPH, S/O JOSEPH, AGED 42 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. GEOLOGIST,

3. DISTRICT GEOLOGIST,

4. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.GEORGE MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :12/11/2007

 O R D E R
                         ANTONY DOMINIC, J.
                           --------------------------
                     W.P.(C). NO. 32257 OF 2007
                             ---------------------
             Dated this the 12thday of November, 2007

                            J U D G M E N T

The prayer in this writ petition is to direct the respondents to

release the lorry bearing Reg. No.KL-16 B-1341 with the sand to the

petitioner. The vehicle was seized on 17.9.07 on being intercepted

by the 4th respondent holding that the sand transported was not

having a valid permit. Though the petitioner submits that when the

vehicle was intercepted the load was accompanied by Ext.P2 ‘P’

form, that is disputed by the respondents. Respondents also make

reference to a statement made by the petitioner on 18.10.07 wherein

the petitioner himself had admitted that at the time of incident there

was no pass accompanying the load. Irrespective of the controversy

that are raised, I am not inclined to pass an unconditional order for

release of the vehicle, as sought for by the petitioner. Therefore, if

the petitioner wants release of the vehicle pending adjudication, he

shall furnish a bank guarantee for the value of the vehicle to the

satisfaction of the 1st respondent. This suggestion made by the court

has been accepted by the petitioner.

WPC NO 32257/07 Page numbers

Therefore, I direct the 1st respondent to fix the value of the

truck within 7 days from the date of receipt of a copy of this

judgment. If the petitioner furnishes a bank guarantee for the value

so fixed, the truck will be released to the petitioner, on an

undertaking being filed that as and when required ,the truck will be

produced. 1st respondent shall also complete the adjudication

proceedings against the petitioner, as expeditiously as possible, at

any rate, within three weeks from the date of receipt of a copy of this

judgment.

The writ petition is disposed of as above.

                                            ANTONY DOMINIC, JUDGE
vps

WPC NO 32257/07    Page numbers