IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 WP(C).No. 13076 of 2009(D) -------------------------- PETITIONER(S): --------------- DAVIS THOMAS,S/O.THOMAS, PYNADATHU HOUSE,MANGANAM,KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE REVENUE DIVISIONAL OFFICER, KOTTAYAM. 3. TAHSILDAR,KOTTAYAM. 4. SUB INSPECTOR OF POLICE, MANARCADU. GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------- W.P.C.No.13076 OF 2009 -------------------------- Dated this the 5th day of May 2009 ------------------------------------- J U D G M E N T The petitioner has approached this Court challenging the inaction on the part of the respondents, particularly the first respondent for not releasing the interim custody of the vehicle seized from him, allegedly stating that the vehicle was being used for transporting sand for filling up the paddy field, whereas it was actually being used in connection with the construction of an approach road to the proposed public well, as resolved by the Vijayapuram Grama Panchayat in Kottayam District. It is also submitted by the learned counsel for the petitioner that the petitioner has already approached the R.D.O, Kottayam by filing necessary proceedings, for releasing the interim custody of the vehicle; but in vein. W.P.C.No.13076/09 2 2. Considering the facts and circumstances of the case, the petitioner is permitted to file a proper petition before the District Collector/first respondent within a period of one week from today. On such an event, the matter shall be considered and appropriate orders shall be passed by the 1st respondent for releasing the interim custody of the vehicle, in accordance with law and after giving an opportunity of being heard to the petitioner, within a period of four weeks. The writ petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE jsr W.P.C.No.13076/09 3