IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 26364 of 2008(L) -------------------------- PETITIONER: ------------ SAJEEV.S., CHIRAVILA PUTHEN VEEDU, KOTTIYAM, THAZHUTHALA VILLAGE, KOLLAM TALUK, KOLLAM DIST. BY ADV. SRI.P.SIVARAJ RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, KOLLAM. 2. C.I. OF POLICE, THATHANNOOR. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 1.9.2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.26364 of 2008 ================== Dated this the 1st day of September, 2008 J U D G M E N T The petitioner is aggrieved by the seizure of his tipper lorry on allegations of illegal transport of ordinary earth. The petitioner submits that he has been given Ext.P2 permit to remove earth from his 10 cents of property for the construction of a house, pursuant to which only the petitioner has removed earth therefrom which was being transported. The petitioner submits that the petitioner has not violated any provisions of law and therefore, the vehicle is not liable to be seized under any provision of law. 2. I have heard the learned Government Pleader also. 3. After having seized the vehicle, the appropriate authority has a duty to pass final orders in the matter one way or other. In the facts and circumstances of the case, I feel that pending passing of final orders, the petitioner's vehicle can be released to him on his depositing an amount of Rs.5,000/-. I order so. Needless to say, if ultimately the 1st respondent decides the matter in favour of the petitioner, the said amount would be refunded to the petitioner. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge