IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 28127 of 2009(I) ------------------------------------- PETITIONER(S): ---------------------- RATNAKUMARI CHANDRAN, MANALIL VEEDU, MUDAPURAM, KIZHUVILAM, ATTINGAL. BY ADV. SRI.A.AHZAR RESPONDENT(S): ---------------------------- 1. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 2. TAHSILDAR, CHIRAYINKEEZHU TALUK, CHIRAYINKEEZHU. 3. S.I.OF POLICE, CHIRAYINKEEZHI POLICE STATION, CHIRAYINKEEZHU. BY GOVT. PLEADER SMT.SANGEETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO. 28127/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE R.C.BOOK. P2:- COPY OF THE PERMIT. P3:- COPY OF THE ORDER OF THE 3RD RESPONDENT TO RELEASE THE VEHICLE. P4:- COPY OF THE PAYMENT RECEIPT. P5:- COPY OF THE REPRESENTATION SUBMTITED BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J ....................................................... W.P.(C).28127/2009 .............................................. Dated this the 20th day of October, 2011 JUDGMENT Learned Government Pleader takes notice for the first respondent. 2. Petitioner is the owner of a vehicle bearing registration No.KL 01-S/7038. The vehicle was involved in a proceedings alleging violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. At that stage, the writ petition was filed seeking interim custody of the vehicle. Accordingly, this Court passed order dated 7.10.2009 directing release of the vehicle, with a condition that the vehicle shall not be transferred, alienated of encumbered. 3. According to the learned Government Pleader, in compliance with the said order, the vehicle was released to the petitioner on 10.10.2009. 4. Virtually by that order, the writ petition has become infructuous. Be that as it may, unless the proceedings against W.P.(C).28127/09 2 the vehicle are finalised, petitioner cannot seek to get the aforesaid condition imposed by this Court, varied. Therefore, I dispose of this writ petition leaving it open to the petitioner to move the second respondent for variation of the endorsement made in compliance with the aforesaid condition, if he has been exonerated or if he has complied with the condition imposed by the respondents in the final order passed by them. ANTONY DOMINIC, Judge mrcs