IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8302 of 2010(K)
1. R.V.BAVA, S/O.BAPPUTTY HAJI,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE DEPUTY TAHSILDAR,
For Petitioner :SRI.AVM.SALAHUDIN
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. 8302 of 2010-K
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Dated this the 12th day of March, 2010.
JUDGMENT
The petitioner is a transporting contractor. He used to hire vehicles
for long terms on the basis of agreements with the owners of the public
service vehicles for the purpose of carrying on the business of goods
transports. A Mini goods Vehicle bearing registration No.KL 09 K 4144 is
one such vehicle which is entrusted with the petitioner.
2. It is submitted that on 23.2.2010 the above vehicle was seized by
the second respondent alleging illegal transportation of river sand in
violation of the provisions of Act 18 of 2001. The petitioner submits that
he has not violated any of the provisions of the Act or Rules. It is further
submitted that the vehicle was engaged in the transport of river sand with a
valid pass issued by the Secretary of the Municipality. Ext.P3 is the pass
issued by the Ponnani Municipality. It is the case of the petitioner that he
has approached the District Collector requesting to release the vehicle by
way of interim custody, but the second respondent has not passed any fina
orders. Aggrieved by the inaction on the part of the first respondent, this
writ petition is filed for a direction to the respondents to release the vehicle
wpc 8302/2010 2
by way of interim custody.
3. Heard learned counsel for the petitioner and learned Govt. Pleader.
There will be a direction to the first respondent to take a decision on the
petitioner’s application for interim custody of the vehicle 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 including Subramanyan v. State of Kerala (2009 (2) KLT 77)
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 the
registered owner and after considering the pleas raised by the petitioner, on
merits. While passing orders, Ext.P3 pass issued by the Grama Panchayat
will also be considered.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/