IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 33493 of 2010(J) -------------------------- PETITIONER(S): --------------- JOMIJOSE,PARUMOOTTIL HOUSE, ANAPRAMBAL NORTH PO, THALAVADY, ALAPPUZHA DISTRICT. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,ALAPPUZHA 688001. 2. SUB INSPECTOR OF POLICE,EDATHUA 689 573. 3. C.A.ABRAHAM,CHIRAMEL PUTHEN VEEDU, NADUVILEMURI,THALAVADY,ALAPPUZHA DISTRICT 689 572. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 33493 of 2010 J ``````````````````````````````````````````````````````` Dated this the 4th day of November, 2010 J U D G M E N T Petitioner is a registered owner of tipper lorry bearing registration No.KL-04Z-7528. According to the petitioner, the vehicle was seized by the second respondent on 20-09-2010 on the allegation that the vehicle was used in violation of the provisions of Act 28 of 2008. Proceedings are pending before the first respondent. It is at that stage, the writ petition is filed, complaining of the proceedings and seeking release of the vehicle. 2. As far as the validity of the proceedings are concerned, I am not persuaded to think that the proceedings are without jurisdiction. On the other hand, if the case of the petitioner is genuine, he should appear before the first respondent, contest his case and succeed on merits. Therefore, I decline to interfere with the proceedings. 3. In so far as the petitioner's case for interim custody W.P.(C) No.33493/10 : 2 : of the vehicle is concerned, it is for the petitioner to make an application before the first respondent, in which event, the first respondent will consider the application. Writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks