IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 2449 of 2010(E) ------------------------- PETITIONERS: --------------- 1. STOJAN P.A. S/O.ANTONY, PADIYATH HOUSE, NENMANIKKARA, PUDUKKAD P.O., THRISSUR. 2. ANTU A.X. S/O. XAVIER, ALUNKAL HOUSE, VETTUKKAD P.O.,THRISSUR. 3. JONY S/O. JOSE, 2/146, MOONJELI HOUSE, VYNTHALA, THRISSUR DISTRICT. 4. JAMES JOSEPH, S/O.P.C.JOSEPH, PUNCHAPUTHUSSERIL HOUSE, KIZHAKKAMBALAM P.O.,ERNAKULAM. 5. VARGHESE, S/O.PAULOSE, 9/644, CHUNDEPARAMBIL HOUSE, THUMBOOR, VELOOKKARA, THRISSUR. BY ADV. SRI.N.AJITH SRI.R.SURAJ KUMAR RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT OF KRALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,THRISSUR. 3. THE DISTRICT SUPERINTENDENT OF POLICE, THRISSUR DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER,THRISSUR 5. THE TAHSILDAR, THRISSUR WP(C).No. 2449 of 2010(E) 2 6. THE GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, AYYANTHOL, THRISSUR. 7. THE SUB INSPECTOR OF POLICE, NEDUMPUZHA, THRISSUR. GOVERNMENT PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.2449 of 2010 ------------------------------------------------ Dated this the 3rd day of February, 2010 JUDGMENT The petitioners have approached this Court seeking for a direction to implement Ext.P7 order said to have been passed by the Revenue Divisional Officer namely the 4th respondent directing the release of various vehicles to the petitioners. The learned Government Pleader on instructions submitted that the Revenue Divisional Officer has not passed any such order and the petitioners have produced the order without getting it duly authenticated by the Revenue Divisional Officer and the same has been now cancelled by the District Collector. 2. Pursuant to the directions issued by this Court to the petitioners to disclose the source through from the order was obtained, the petitioners have filed an affidavit stating that copy of Ext.P7 order was issued by hand by the senior Superintendent of the office of the 4th respondent by name Bhargavi. 3. Without going into the said controversy, I am proposing to dispose of the writ petition in the light of the proceedings which are now pending before the District Collector in the matter. W.P.(C)No.2449 of 2010 2 4. The petitioners are registered owners of the Tipper Lorries used bearing registration numbers mentioned in paragrpah 1 of the writ petition. The petitioners have given on hire the above vehicles for filling 97.5 cents of wet land comprised in Sy.No.311/1C 312/1 of Koorkancheri Village. The seventh respondent seized the vehicles which were carrying waste soil for the said purpose on 5/1/2010. It is submitted by the learned counsel for the petitioners that the vehicles are now lying in the Police Station which will cause undue hardship to them. 5. The learned Government Pleader submitted that as far as proceedings against the petitioners are concerned, various steps will have to be taken to conduct enquiry with notice to the petitioners and thereafter the second respondent will pass a final order. 6. Therefore, the writ petition is diposed of directing the second respondent to pass final orders after hearing petitioners and allowing them to contest the proceedings, within 3 weeks from the date of production of a copy of this judgment. The petitioners will produce a copy of this judgment along with a W.P.(C)No.2449 of 2010 3 copy of the writ petition for compliance. Since the learned Government Pleader had submitted that Ext.P7 order has been cancelled the prayer of the petitioners to release the vehicles within a time limit, cannot be granted based on it. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj