IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 WP(C).No. 12786 of 2009(P) ------------------------------------ PETITIONER: ---------------------- M.A.POULOSE,S/O.M.O.ANTONY,MUNJELI HOUSE KUNNAPPILLY(P.O),ADICHILI,TRICHUR DIST. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENTS : ------------------------- 1. THE MANAGER,INDIAN OIL CORPORATION LTD, COCHIN TERMINAL,IRUMBANAM. 2. THE SENIOR INSPECTOR,LEGAL METROLOGY, KAKKANADU, ERNAKULAM. ADV. SRI. MOHAMMED ANZAR, GOVERNMENT PLEADER SRI. E.K. NANDAKUMAR, SC-R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. --------------------------------------- W.P.(C) No.12786 OF 2009 --------------------------------------- Dated this the 28th day of April, 2009 JUDGMENT The petitioner has approached this court challenging the action on the part of the respondents in detaining the Tanker Lorry bearing No. KL-07 J 8875 which is stated as unauthorisedly kept in the premises with effect from 22.11.2008. It is submitted by the petitioner that the vehicle is not involved in any offences and that the retention of the vehicle without issuing any notice or order is illegal and in total contravention of all the known principles of natural justice. 2. The learned counsel for the first respondent submits that the custody of the vehicle has been retained by them on instructions of the second respondent and they have absolutely no objection whatsoever in releasing the custody. The learned Government Pleader appearing for the second respondent submits that the retention is in connection with some offence and that there is no objection in causing the vehicle to be produced before the concerned Magistrate's court having W.P.(C) No.12786 of 2009 2 jurisdiction over the area, as sought for by the petitioner in prayer No.2. 3. In the above facts and circumstances, recording the submissions made by the learned counsel for the first respondent and also the learned Government Pleader, the respondents are directed to cause production of the vehicle bearing No. KL-07 J 8875 belonging to the petitioner before the concerned Magistrate's court having jurisdiction over the area within a period of one week from today. The writ petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE pac