IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14428 of 2010(C)
1. REJI STEPHEN, S/O.P.M.STEPHEN,
... Petitioner
2. S.MOHANAN, S/O.SREEDHARAN PILLAI,
Vs
1. THE DISTRICT COLLECTOR, ALAPPUZHA.
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.T.M.ABDUL LATHEEF
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :06/05/2010
O R D E R
ANTONY DOMINIC, J.
================
W.P.(C) NO. 14428 OF 2010 (C)
=====================
Dated this the 6th day of May, 2010
J U D G M E N T
First petitioner claims to be the owner of a tipper lorry
bearing Regn.No.KL 27-A-5723 and the second petitioner claims
to be the owner of lorry bearing Regn.No.KL-5 N 2843. It is stated
that these vehicles have been seized by the 2nd respondent
alleging offences under Section 270 I.P.C and the provisions of the
Mines and Minerals (Regulation and Development) Act.
Petitioners sought release of the vehicles and thereupon the 1st
respondent has addressed to the Joint Regional Transport Officer
to assess the value of the vehicles. It is thereupon the writ
petition is filed.
2. Although the petitioners are challenging the validity of
the very proceedings initiated against them, having regard to the
fact that final orders have not been passed, I do not think it
necessary that this court should examine such contentions at
least, at this stage. For the present, this Court need only consider
the grievance of the petitioners regarding the onerous condition
of deposit of value of the vehicles for giving interim custody to the
WPC No. 14428/10
:2 :
petitioners.
3. Having considered the case in its totality, I am inclined
to think that ends of justice will be served if the vehicles are
ordered to be released to the petitioners on sufficient safeguards.
Accordingly, I dispose of this writ petition directing that if
the petitioners remit an amount of Rs.25,000/- (Rupees twenty
five thousand only) each and furnish an undertaking to the 1st
respondent not to alienate or encumber and to produce the
vehicles as and when called for, the 1st respondent shall release
the vehicles to the petitioners. It will be open to the 1st
respondent also to make appropriate endorsements about the
pendency of the above proceedings on the RC books in question.
Thereafter the 1st respondent shall finalise the proceedings
initiated against the petitioners without any further delay.
Petitioners shall produce a copy of this judgment along with a
copy of this writ petition before the 1st respondent for compliance.
ANTONY DOMINIC, JUDGE
Rp