Muhammedali P. vs The District Collector on 12 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 998 of 2010(Y)


1. MUHAMMEDALI P., AGED 34 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, MALAPPURAM.
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.ESM.KABEER

                For Respondent  : No Appearance

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

 Dated :12/01/2010

 O R D E R
                       T.R. Ramachandran Nair, J.
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                       W.P.(C) No. 998 of 2010-Y
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              Dated this the 12th day of January, 2010.

                                 JUDGMENT

The petitioner is the registered owner of mini lorry bearing

registration No.KL-31-1054. It is the case of the petitioner that on

26.12.2009 the second respondent took the above vehicle into custody

alleging unauthorised transportation of sand. Even though the petitioner

produced all the required documents, the second respondent did not release

the vehicle and referred the matter to the first respondent. Immediately

thereafter, the petitioner submitted an application as per Ext.P3 before the

first respondent seeking interim custody of the vehicle. He also expressed

his willingness to undertake production of the vehicle as and when required

by the first respondent. 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.

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. The matter will be

wpc998 /2010 2

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/