IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 1818 of 2009(N) ------------------------- PETITIONER(S): -------------------- JOSE JOSEPH, S/O.JOSEPH CHERIYATH, VATHALLOOR HOUSE, KONGANDOOR KARA, AYARKUNNAM VILLAGE, KOTTAYAM. BY ADV. SRI.BABU CHERUKARA SRI.P.JOSHY JOSE RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. TAHSILDAR, TALUK OFFICE, KOTTAYAM. 3. THE DISTRICT GEOLOGIST, KOTTAYAM. 4. MR. JOSEPH GEORGE, PUTHENKUNNEL, PADINJAREKKARA P.O., KOTTAYAM. GOVT.PLEADER SMT.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 1818 OF 2009 (N) ==================== Dated this the 16th day of January, 2009 J U D G M E N T Petitioner claims to be the registered owner of tipper lorry bearing Regn.No. KL-05/Z.1966. The vehicle has been seized on 24/11/2008 on the allegation that it was engaged in the unauthorised transportation of river sand. Ext.P4 is the mahazar. Petitioner submits that immediately thereafter, he filed Ext.P5 before the 1st respondent seeking release of the vehicle. It is stated that not only that orders are not passed on Ext.P5, but even proceedings are not completed and the vehicle still remains in the custody of respondents exposed to sun and rain. It is in these circumstances the writ petition is filed praying for directing the respondents to release the vehicle. 2. Having regard to the fact the proceedings are still pending before the 1st respondent, the writ petition is disposed of with the following directions. (1) That the respondents shall finalise the proceedings in relation to the vehicle KL-05/ Z.1966 with notice to the petitioner. (2) It is directed that on the production of a copy of this judgment, within 7 days thereof, orders on Ext.P5 request made by the WPC 1818/09 :2 : petitioner for interim custody of the vehicle shall also be passed by the respondents. (3) Petitioner may produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp