IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 24713 of 2011(L) --------------------------------------- PETITIONER(S): ------------------------ 1. P.INDIRA,W/O.JOHNY,PULLOTHI HOUSE, SHAKTHI NAGAR,BELA VILLAGE,ULLODI POST, KASARAGODE TALUK. 2. JARAPPA,S/O.LATE DOOMAPPA, HOUSE NO.12/226,KEROBAIL GUDDE,PERAMANNUUR POST, MANAGALORE. 3. T.V.KUNHIRAMAN,S/O.APPA,THADIYANVALAPPIL, HOUSE NO.VII-506-PALLAM,UDUMA POST, KASARAGOD DISTRICT. BY ADV. SMT.C.G.PREETHA RESPONDENT(S): -------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF FOOD AND CIVIL SUPPLIES,SECRETARIAT,THIRUVANANTHAPURAM, PIN-695 001. 2. THE DISTRICT COLLECTOR,KASARAGOD-PIN- 671 121. 3. THE CIRCLE INSPECTOR OF POLICE, KUMBALA-PIN-671 321. 4. THE SUB INSPECTOR OF POLICE,MANJESWARAM POLICE STATION-PIN-671 323. R1 TO R4 BY SR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J ....................................................... W.P.(C).24713/2011 .............................................. Dated this the 22nd day of September, 2011 JUDGMENT Petitioners are the owners of lorries bearing registration Nos.CNX 6073, KA-19-A-1719 and KL-14-9079. It appears that in a proceedings involving violation of the provisions of the Essential Commodities Act, vehicles were detained and such proceedings are pending before the second respondent. While so, petitioners made applications before the second respondent for release of the vehicles, pending finalization of the adjudication proceedings. On the applications so made, the second respondent has passed Ext.P6 order directing that the petitioners shall deposit the value of the vehicles or furnish bank guarantee along with sureties as mentioned in Ext.P6. It is aggrieved by the said order, the writ petition has been filed. 2. When the matter was taken up for admission, the only request made by the petitioners is that instead of depositing the value or furnishing the bank guarantee, petitioners may be permitted to furnish security by way of immovable property and on that basis, vehicles may be permitted to be released. W.P.(C).24713/11 2 3. If the petitioners have property which is free from encumbrances and sufficient to secure the value of the vehicles as ordered in Ext.P6 order and that too within the jurisdiction of the second respondent himself, I see no objection in releasing the vehicles to the petitioners, as such a course will not be detrimental to the interests of the respondents. 4. In such circumstances, I dispose of this writ petition directing that if the petitioners furnish security by way of immovable property free from encumbrances and in full satisfaction of the amount specified in Ext.P6, and that too situated within the jurisdiction of the second respondent, the second respondent shall release the vehicles to the petitioners. This shall be done as expeditiously as possible, at any rate, within ten days of furnishing of such security. Petitioners shall produce a copy of this judgment along with a copy of the writ petition before the second respondent for compliance. ANTONY DOMINIC, Judge mrcs