IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 10655 of 2009(B) ----------------------------- PETITIONER(S): --------------- BINOY.D.SAM,AGED 42 YEARS, S/O.D.SAMADKUTTY,MUALAZILAZHIYATHU HOUSE, ELAPPARA P.O.,IDUKKI DISTRICT. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENTS : --------------- 1. THE DISTRICT COLLECTOR,IDUKKI. 2. THE THAHASILDAR,PEERUMEDU,IDUKKI. 3. S.I.OF POLICE,PEERUMEDU,IDUKKI DISTRICT. SRI. P.N. SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.10655 OF 2009 ------------------------ Dated this the 8th day of April, 2009. JUDGMENT Petitioners claims to be the registered owner of a LGV Tipper bearing registration No.KC-37/5155. It is stated that the vehicle has been seized by the 3rd respondent on 19.3.2009 and that too without any reason whatsoever. 2. On instructions the Government Pleader submits that on an earlier occasion the 2nd respondent found the lorry engaged in transporting granite from an unauthorized quarry. Vehicle was stopped and the driver was instructed to bring the vehicle to the office. It is stated that the vehicle was never brought to the office and the matter was reported to the police and it is accordingly the 3rd respondent detained the vehicle. It is confirmed that the vehicle is under the detention of the 3rd respondent and proceedings are yet to be finalized by the 2nd respondent. WP(c).N.10655/09 /2/ 3. In the nature of the allegations that are leveled against the vehicle, the matter has to be proceeded with and finalized by the 2nd respondent. This the 2nd respondent may do. 4. However, having regard to the fact that, pending finalization of the proceedings, there is no purpose in continuing detention of the vehicle it is directed that on the petitioner remitting Rs.25,000/- with the 2nd respondent and filing an undertaking that the vehicle shall be produced as and when called for and will not encumbered or alienated, the 2nd respondent shall release the vehicle on production of a copy of this judgment before the 2nd respondent. Petitioner shall produce a copy of the judgment before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).N.10655/09 /2/