IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH APRIL 2008 / 29TH CHAITHRA 1930 WP(C).No. 7782 of 2008(B) ------------------------- PETITIONER: ------------ K.P. YOOSUF, S/O. KUNHAYIN KUTTY, KANNADI POYIL, VAVAD P.O., KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ----------------- 1. THE CIRCLE INSPECTOR OF POLICE, THAMARASSERY. 2. THE ASSISTANT DIRECTOR OF ENFORCEMENT, OFFICE OF THE ENFORCEMENT DIRECTORATE, KOZHIKODE. BY GOVERNMENT PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.7782/2008 2 APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF THE REGISTRATION CERTIFICATE OF THE CAR BEARING REGISTRATION NO.TN 43Z 2500. EXT.P2: COPY OF THE PETITION DATED 27.2.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. TRUE COPY P.A TO JUDGE ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 7782 OF 2008 ----------------------------------------------- Dated this the 18th day of April, 2008 JUDGMENT Petitioner submits that he is the registered owner of a vehicle bearing registration No. TN 43Z 2500. According to him, while he was in Saudi Arabia, a relative of his had borrowed the car from his father and while so, the 1st respondent had seized the vehicle along with some currency. It is stated that thereupon the 1st respondent had handed over the vehicle to the 2nd respondent, before whom proceedings are pending. 2. It is stated that, on knowing about the seizure of the vehicle, the petitioner came back to India and made Ext.P2 application for release of the vehicle and as orders were not passed on Ext.P2, this Writ Petition has been filed. 3. Though on the merits of the proceedings initiated, several contentions have been raised by the petitioner, in my view, the contentions are premature and at this stage, it is only necessary that the 2nd respondent decides on the request made by the petitioner. WPC No. 7782 OF 2008 2 Since the 2nd respondent has not so far taken any decision on Ext.P2, this Writ Petition is disposed of directing that the 2nd respondent shall take up, consider and pass orders on Ext.P2, if the same has been received by him. This shall be done by the 2nd respondent as expeditiously as possible, at any rate, within two weeks of production of a copy of this judgment. It is made clear that this Court has not expressed anything on the merits of the claim put forward by the petitioner. ANTONY DOMINIC, JUDGE ttb WPC No. 7782 OF 2008 3 WPC No. 7782 OF 2008 4