IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 WP(C).No. 12802 of 2009(U) -------------------------- PETITIONER(S): --------------- ANIL KUMAR, AGED 32 YEARS, RESIDING AT KADUVILA KIZHAKKETHIL HOUSE, VAYALA VADKKEKARA MURI, VALLIKODU VILLAGE, KOZHENCHERRY, PATHANAMTHITTA. BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPLE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 3. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION. BY GOVT. PLEADER SRI.MOHAMMED ANSAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. -------------------------------------------------- W.P.(C) No. 12802 OF 2009 --------------------------------------------------- Dated this the 28th day of April, 2009 JUDGMENT The case of the petitioner is that his mini lorry bearing Registration No. KL7E-4284 has been wrongfully seized by the third respondent on 23.1.2009 alleging contravention of the relevant provisions of Mines and Minerals (Development and Regulation) Act, 1957, and also the relevant provisions of the Kerala Protection of River Banks and Regulation of Removal Sand Act, 2001. Petitioner submits that he has already approached the second respondent by filing necessary objections, as borne by Ext.P5, in response to Ext.P4 notice issued by the said respondent, and that despite the lapse of two months, the matter is still kept in the cold storage. 2. The learned Government Pleader, on instructions, submits that there is no culpable delay on the part of the second respondent and the non-consideration is only due to want of sufficient time, particularly, due to the recent Lok Sabha W.P.(C) No.12802/2009 2 Election notified and conducted few weeks back, and the matter can be considered within a specified time. In the above facts and circumstances, the matter is disposed of directing the second respondent to consider and pass appropriate orders on Ext.P5, for releasing the interim custody of the vehicle to the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment. P.R. RAMACHANDRA MENON JUDGE. nj. W.P.(C) No.12802/2009 3