IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 17679 of 2011(H) --------------------------------------- PETITIONER(S): ----------------------- SHAJI, AGED 50 YEARS, S/O.GOPALAN, KOIPPURATH VEEDU, ITHOTTUVA, WEST KALLADA, KOLLAM DISTRICT. BY ADV. SRI.V.V.RAJA SRI.R.RANJITH RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 691 001. 2. THE S.I.OF POLICE, SASTHAMKOTTA POLICE STATION, SASTHAMKOTTA, KOLLAM. PIN-690 521. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.17679/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE FIR IN CRIME NO.364/2011 OF THE SASTHAMKOTTA POLICE STATION, DT. 25.3.2011. P2:- COPY OF THE SEIZURE MAHASAR DTD. 25.3.2011. P3:- COPY OF THE ORDER DTD. 2.5.2011 IN CMP. 1068/2011 OF THE JFCM, SASTHAMKOTTA. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J --------------------------------------- W.P(C) No.17679 of 2011 ---------------------------------------- Dated this the 5th day of July, 2011. J U D G M E N T On the allegation that the vehicle No.KL2U/7488 belonging to the petitioner and a country boat were used in violation of the provisions contained in the Mines Act, 1952, the vehicle and country boat were seized by the 2nd respondent and proceedings initiated against the petitioner are pending before the 1st respondent. According to the petitioner although the 1st respondent heard the parties on 30.5.2011, final order was not passed. It is in these circumstances the writ petition is filed seeking direction to the respondents to release the vehicle and country boat to the petitioner. 2. Learned Government Pleader has obtained instructions in the matter. Learned Government Pleader also confirms that despite having heard the petitioner, orders were not passed. However it is submitted that such a delay has occurred for the reason that the District W.P(C) No.17679 of 2011 2 Collector was on leave. It is submitted that after the District Collector has rejoined duty and orders will be passed immediately. 3. Although it is true that the delay has occurred in passing final orders in the matter, having regard to the fact that the District Collector has rejoined duty, final orders shall be passed expeditiously. This shall be done at any rate within two weeks from the date of production of a copy of this judgment for compliance. The Writ Petition is disposed of. ANTONY DOMINIC ab JUDGE