IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 17340 of 2009(J) -------------------------------------- PETITIONER: ------------------- AJAYAN @ AJAYAKUMAR, S/O. PADMANABHAN NAIR, PUTHIYATT HOUSE, PONMALA, P.O.KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. MR.K.M.SATHYANATHA MENON. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION. R1 & R2 BY GOVT. PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. V.GIRI,J. ------------------------- W.P ( C) No. 17340 of 2009 -------------------------- Dated this the 26th June,2009 J U D G M E N T Petitioner is the owner of a jeep bearing Reg.No.KL 10 C/5784. According to him, he himself has been driving the vehicle and had collected vegetables from the local agriculturists for delivering it at the market at Manjeri. 2. Petitioner's case is that on 19.8.2009 a stranger approached him and asked him whether the vehicle is available for hire. The vehicle was so hired and the person concerned was accommodated in the vehicle. It was intercepted and it was found that vehicle was carrying kerosene. It is alleged that there is contravention of the provisions of Section 16 of the Kerala Kerosene Control Order 1968 and Section 3 & 7 (i) Section 9 (ii) of the EC Act 1955. 3. Petitioner moved the concerned Magistrate under Section 451 of Cr.P.C. But finding that the file has been forwarded to the District Collector, the W.P ( C) No. 17340 of 2009 2 application was returned stating that the petitioner’s remedy is to move the District Collector. Petitioner has then filed Exhibit- P2 for release of the vehicle. This writ petition has been filed seeking appropriate relief in relation to Exhibit-P2. Having heard the learned Government Pleader also, I am of the view that it is appropriate that the District Collector considers Exhibit-P2 and passes orders. This shall be done within ten days from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 17340 of 2009 3 W.P ( C) No. 17340 of 2009 4