Mohammed Rafeeq vs The District Collector on 8 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 594 of 2010(Y)


1. MOHAMMED RAFEEQ, S/O.SAIDALAVI,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE TAHSILDAR,

3. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.K.P.SUDHEER

                For Respondent  : No Appearance

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

 Dated :08/01/2010

 O R D E R
                      T.R. Ramachandran Nair, J.
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                       W.P.(C) No.594 of 2010-Y
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              Dated this the 8th day of January, 2010.

                                JUDGMENT

The petitioner is the registered owner of a three wheeler goods

vehicle bearing registration No.KL-55A-6439. It is the case of the

petitioner that the petitioner’s vehicle was driven by one Shri Haris, who

purchased river sand from Vazhayur Grama Panchayat. The Panchayat

issued Ext.P2 pass and the sand was transported in a pick up van. Since the

pick up van could not reach the house of the above said Haris, the sand was

unloaded near the main road and was taken in the petitioner’s vehicle. It

was at that point of time the revenue officials came to the scene and seized

the vehicle. A seizure mahazar was prepared by the second respondent and

the vehicle and the sand were forwarded to the third respondent. The second

respondent thereafter communicated the matter to the first respondent as per

Ext.P5. Thereafter, the petitioner’s driver filed Ext.P6 application before

the first respondent for interim custody of the vehicle. Aggrieved by the

delay in disposal of the application, this writ petition is filed.

2. Heard learned counsel for the petitioner and learned Govt. Pleader.

wpc 594/2010 2

There will be a direction to the first respondent to take a decision on Ext.P6

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. 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.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

kav/