IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 34900 of 2008(D) -------------------------- PETITIONER: --------------- ROY P.J., POLLIKIZHAKETHIL HOUSE, KUMARANALLOOR P.O., KOTTAYAM. BY ADV. SRI.BABU CHERUKARA SRI.ANZAR BASHEER RESPONDENTS: --------------- 1. DISTRICT COLLECTOR, KOTTAYAM. 2. THE TAHSILDAR, KOTTAYAM. 3. VILLAGE OFFICER, ARPUKKARA VILLAGE, ARPUKKARA, KOTTAYAM. 4. S.I. OF POLICE, GANDHI NAGAR, KOTTAYAM. BY GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.34900 of 2008 -------------------------- Dated this the 26th November, 2008 J U D G M E N T Petitioner is a owner of a goods carrier bearing Reg. No.KL-05 Y-2005. According to the petitioner, the vehicle was carrying ordinary sand and plying from Aymanam village to Mutholi in Kottayam district was seized by the 2nd respondent. Seizure mahazar is evidenced by Exhibit P3. Petitioner submits that the vehicle was transporting ordinary sand, that too supported by Exhibit P2. Petitioner challenges seizure of the vehicle and seeks a direction to release the vehicle. 2. In my view, petitioner is entitled to approach the District Collector who shall pass orders in the matter of release of the vehicle determining whether the seizure is to be effected or not. In the result, the writ petition is disposed of permitting the petitioner to approach the District Collector for release of the vehicle in question. If an W.P ( C) No.34900 of 2008 2 application is filed within ten days from today along with this judgment, the same shall be considered by the District Collector and orders passed in the matter of release of the vehicle within two weeks thereafter subject to such conditions that are deemed fit and proper. (V.GIRI,JUDGE) ma W.P ( C) No.34900 of 2008 3 W.P ( C) No.34900 of 2008 4