IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 2728 of 2011(M) ------------------------- PETITIONER(S): --------------- GOPAKUMAR C., S/O. CHELLAPPAN PILLAI, SREE RATHNAM, CHITTATTINKARA DESOM, KIZHUVILAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CIVIL SUPPLIES, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM - 695 001. 3. THE SUB INSPECTOR , MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 685 013. BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.2728 OF 2011(M) -------------------------------------------------- Dated this the 27th day of January, 2011 J U D G M E N T Petitioner claims to be a registered owner of a mini lorry bearing registration No.KL-16C-2319. On the seizure of the Kerosene Oil from the lorry, proceedings have been initiated under the Essential Commodities Act and such proceedings are pending before the 2nd respondent. Before the 2nd respondent petitioner appears to have filed Ext.P7 application for release of the vehicle and Kerosene. It is thereafter that this writ petition has been filed seeking a direction to the 2nd respondent to release the vehicle along with Kerosene to the petitioner and to adjudicate the proceedings within a time frame fixed by this court. 2. As far as the request of the petitioner for release of the vehicle is concerned, I see no reason to decline the prayer. Therefore, I direct that on the production of a copy of this judgment, 2nd respondent will consider Ext.P7 request of the petitioner, for release of the vehicle and pass orders thereon, imposing sufficient safeguards as he deems appropriate. As far as the request of the petitioner for release of the Kerosene is WPC.No. 2728/2011 :2 : concerned, having regard to the law laid down by the Apex Court in Shambhu Dayal Agarwala V. State of West Bengal & Anor.(1990(3) SCC 549), I am not inclined to issue such a direction. It is also direct that the 2nd respondent shall complete the proceedings with notice to the petitioner. 3. Orders on Ext.P7 shall be passed within 10 days from the date of production of a copy of the judgment along with a copy of this writ petition. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/