IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WP(C).No. 36977 of 2010(V) -------------------------- PETITIONER(S): ---------------------- ABDUL KALAM AZAD, KADOOR VADAKKATHIL, KANICHANALLOOR, MUTTOM P.O., HARIPAD, ALAPPUZHA DISTRICT, PIN - 690 511. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE, NOORANAD, ALAPPUZHA DISTRICT. PIN - 690 504. 2. THE SUB COLLECTOR (RDO), CHENGANNUR, ALAPPUZHA DISTRICT. PIN - 689 121. 3. THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA PIN - 688 001. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 36977 OF 2010 ===================== Dated this the 15th day of December, 2010 J U D G M E N T Petitioner is the registered owner of Goods Vehicle bearing Regn.No.KL-4 U 1819. On 7/12/2010, the vehicle was seized by the Sub Collector while transporting ordinary earth. It is challenging the aforesaid proceedings, the writ petition is filed. 2. Learned Government Pleader who has obtained instructions in the matter submits that it is true that the vehicle has been seized as stated by the petitioner. It is also stated that the Tahsildar has conducted an enquiry and has made a report to the effect that the purpose of transportation of the ordinary earth was for filling up paddy land. It is stated that it was therefore that proceedings were initiated against the petitioner under Act 28 of 2008 and that the matter is now pending before the District Collector. 3. From the submissions made by the learned Government Pleader, it is also now disclosed that on 26/11/2010, the Additional District Magistrate has heard the matter. However, as is evident from the provisions of Act 28 of 2008, in a matter of WPC No. 36977/120 :2 : this nature, it is for the District Collector to adjudicate the matter, and therefore, the matter will have to considered afresh by the 3rd respondent. 4. In that view of the matter, I dispose of this writ petition with the following directions:- (1) That the 3rd respondent will consider the proceedings in relation to the vehicle mentioned above with notice to the petitioner and pass orders thereon as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. (2) It is directed that in the meanwhile, it will be open to the petitioner to make an application to the 3rd respondent for interim custody of the vehicle, in which event, it will be open to the 3rd respondent to pass appropriate orders imposing sufficient safeguards as he deems necessary. (3) Petitioner shall produce a copy of this judgment along a with a copy of this judgment before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE Rp