IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37889 of 2010(I)
1. RATNAKUMAR,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.B.KRISHNA MANI
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/12/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 37889 OF 2010
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Dated this the 21st day of December, 2010
J U D G M E N T
Petitioner is the registered owner of a tipper lorry bearing
Regn.No.KL-17-F-2353. According to the petitioner, while the lorry
was being engaged in levelling a property for the construction of
a school ground, on the allegation that this vehicle was used in
violation of the provisions contained in the Kerala Minor Mineral
Concession Rules, the vehicle was seized by the 2nd respondent. It
is stated that the lorry is still detained by the 2nd respondent and
in such circumstances, the writ petition has been filed.
2. Admittedly, proceedings have been initiated against
the petitioner under the Kerala Minor Mineral Concession Rules.
Therefore, it is for the 1st respondent to finalise the proceedings
by issuing notice to the petitioner and after hearing him.
3. In that view of the matter, at this stage, the
proceedings do not warrant any interference from this Court.
However, that does not mean that the vehicle should be kept
under detention until the proceedings are finalised.
4. Now that the 1st respondent is seized of the matter, I
WPC No. 37889/10
:2 :
direct that it will be open to the petitioner to apply to the 1st
respondent for interim custody of the vehicle, in which event, the
1st respondent will forthwith pass orders thereon imposing such
conditions as he deems fit. It is directed that such orders will be
passed at any rate within 7 days of making the application along
with a copy of this judgment along with a copy of this writ
petition.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp