T.D.Jose vs The Sub Inspector Of Police on 29 January, 2010

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Kerala High Court
T.D.Jose vs The Sub Inspector Of Police on 29 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3012 of 2010(B)


1. T.D.JOSE, AGED 52 YEARS, S/O DEVASSY,
                      ...  Petitioner
2. DAIJU.V.T., S/O.THOMAN,

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  : No Appearance

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

 Dated :29/01/2010

 O R D E R
                T.R.RAMACHANDRAN NAIR, J.
                  -------------------------------------
                    W.P.(C)No.3012 of 2010
                  --------------------------------------
           Dated this the 29th day of January, 2010

                             JUDGMENT

The first petitioner is the registered owner of a 2005 model

Mahindra LMV tipper bearing Registration No.KL 8 AH 721. The

second petitioner is the registered owner of 2008 model

Mahindra LGV tipper bearing Registration No.KL 45 B 7900. It

is submitted that the above vehicles have been seized by the first

respondent on 27/1/2010 alleging illegal transportation of river

sand. The petitioners contend that their vehicles never

transported the sand illegally.

2. Along with Exts.P3 and P4 objections before the 2nd

respondent, the petitioners have also filed applications for

getting interim custody of the vehicles, as per Exhibits P5 and

P6. Aggrieved by the delay in disposal of the applications, this

writ petition has been filed.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader. There will be a direction to the 2nd

respondent to take a decision on Exhibits P5 and P6 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

W.P.(C)No.3012 of 2010
2

this Court in various decisions and on such terms and conditions.

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

be a further direction to the 2nd 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 petitioners and after

considering the pleas raised by the petitioners on merits.

This writ petition is disposed of as above.

T.R.RAMACHANDRAN NAIR, JUDGE

skj

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