IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 9587 of 2009(P) ------------------------- PETITIONER(S): --------------- BABU, AGED 44 YEARS, S/O.DEVASSIKUTTY, NAYATHODAN HOUSE, WEST CHALAKKUDY, THRISSUR DIST. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 2. SUB INSPECTOR OF POLICE, KODAKARA POLICE STATION, THRISSUR. 3. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.9587 OF 2009 ------------------------ Dated this the 30th day of March, 2009. JUDGMENT Petitioner is the registered owner of a goods carriage vehicle bearing registration No. KL 45A 8857. According to the petitioner the 2nd respondent whose vehicle was seized on 20th March, 2009 and taken the vehicle into custody. It is stated that the seizure was totally unauthorized and there is absolutely no justification to retain the vehicle in custody. Counsel also place reliance on Ext.P2 judgment rendered by this court where the vehicle was ordered to be released. 2. On instruction the Government Pleader informs that the 2nd respondent has forwarded the report to the District Collector, Trissur and that the matter is now pending consideration of the District Collector. Thus it is obvious that the District Collector is to finalize the WP(c).N.9587/09 2 proceedings which is yet to take place. At this stage, if the petitioner seeks interim custody of the vehicle the course to be adopted is to apply to the District Collector for release of the vehicle. If such application is made, I direct that the District Collector shall consider the same and pass orders thereon as expeditiously as possible and at any rate within 10 days of its receipt. 3. True the counsel for the petitioner made reference to Ext.P2, a judgment of this court in WP(c)No.3965/09. However, it was taking into account fact that the vehicle was ordered to be released taking into account the long detention of the vehicle in police custody and as in this case the vehicle was ceased on 20th March, 2009 I do not think that such a direction is called for. Accordingly, the writ petition is disposed of directing that the petitioner may approach the District Collector who shall pass orders in the manner as stated above. WP(c).N.9587/09 3 Petitioner shall produce a copy of the judgment before the District Collector for compliance. (ANTONY DOMINIC) vi JUDGE WP(c).N.9587/09 4