High Court Kerala High Court

Ratheesh.M.V vs The District Collector on 10 February, 2010

Kerala High Court
Ratheesh.M.V vs The District Collector on 10 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4408 of 2010(A)


1. RATHEESH.M.V
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, COLLECTORATE,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.SHOBY K.FRANCIS

                For Respondent  : No Appearance

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

 Dated :10/02/2010

 O R D E R
                  T.R. RAMACHANDRAN NAIR, J.
                ---------------------------------------
                    W.P.(C) No.4408 OF 2010
                ---------------------------------------
          Dated this the 10th day of February, 2010.


                          J U D G M E N T

The petitioner is the agreement owner and in possession of

a Mini Lorry bearing Registration No. KL-46-A-4443. It is the

case of the petitioner that the said vehicle was being used for

carriage of goods including building materials like cement, river

sand and bricks etc. It is submitted that the above vehicle was

seized by the 2nd respondent on 05.02.2010 alleging illegal

transportation of river sand. The petitioner contends that he

transported the sand on the basis of the river sand permit issued

by the local authority.

2. The petitioner has sought for a direction to the

1st respondent to grant interim custody of the vehicle, as per

Exhibit P2. Aggrieved by the delay in disposal of the application,

this writ petition has been filed.

Heard the learned counsel for the petitioner and the learned

Government Pleader. There will be a direction to the

W.P.(C) No.4408/2010 2

1st respondent to take a decision on Exhibit P2 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 by fixing such terms and

conditions. The matter will be considered in accordance with law.

There will be a further direction to the 1st 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.

This writ petition is disposed of as above.

T.R. RAMACHANDRAN NAIR
JUDGE

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