IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 11083 of 2010(I) --------------------------------------- PETITIONER(S): ------------------------ SAINABA, W/O.BEERANKUTTY, AGED 32 YEARS, PATTATH HOUSE, KALLARMANGALAM, AC NIRAPPU VILLAGE, TIRUR TALUK, MALAPPURAM DT. (R C OWNER OF KL-11/U-7418) BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM DISTRICT. 2. SUB INSPECTOR OF POLICE, KUTTIPPURAM POLICE STATION, KUTTIPPURAM , MALAPPURAM DISTRICT. R1 & R2 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 11083 of 2010-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2010. JUDGMENT The petitioner is the registered owner and possessor of Mini lorry bearing registration No.KL-11/U-7418. It is the case of the petitioner that the said vehicle is used for carriage of goods including building materials like cement, river sand and bricks etc. On 26.3.2010 the second respondent seized the petitioner’s vehicle while it was waiting for seniority to take the sand from the kadavu without any materials. The seizure is on the allegation that the said vehicle was involved in the illicit transportation of river sand. The petitioner submitted that in spite of the petitioner informing the second respondent that the vehicle does not contain river sand and it is empty, the second respondent forcefully took the vehicle into custody and now it is lying in the compound of the police station exposed to sun and rain. The petitioner’s request to release the vehicle, was rejected by the second respondent. Thereafter, the petitioner submitted a written objection to the first respondent and requested to release the vehicle. Since no action has been taken by the first respondent, this writ petition is filed seeking for a direction to the first respondent to pass final orders in the matter and also wpc 11083/2010 2 for release of the vehicle. 2. Heard learned Govt. Pleader appearing for the respondents. 3. There will be a direction to the first respondent to pass final orders on Ext.P2 objection within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/