IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 14110 of 2009(G) --------------------------------------- PETITIONER(S): ---------------------- CHANDRAN AGED 45 YEARS, S/O.NARAYANAN PUTHENVEETTIL, URAVANCHAL P.O. PAZHASSI, KANNUR DISTRICT. BY ADV. MR.K.S.HARIHARAPUTHRAN MR.P.J.JOSEPH MR.GEORGE MATHEW RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINING & GEOLOGY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KASARAGODE, COLLECTORATE, KASARGODE. 3. SUB INSPECTOR OF POLICE, KASARGODE POLICE STATION, KASARGODE. R1 TO R3 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V.GIRI,J. ------------------------- W.P ( C) No. 14110 of 2009 -------------------------- Dated this the 26th May,2009 J U D G M E N T Petitioner is the driver of a lorry stated to be owned by one George Joseph. On 18.5.2009 when the vehicle was transporting sand from Karnataka, the same was seized at Bangra Manjeswhar Check post. The vehicle was intercepted by the 3rd respondent. Thereafter, petitioner sought for release of the vehicle and he was served with Exhibit-P5 which required him to remit a compounding fee of Rs.35000. But the vehicle has not been released so far. Hence the writ petition. 2. The original of Exhibit-P5 was later made available to this Court and produced along with I.A 6131 of 2009. I have perused the same. The vehicle number is also shown as KA -12-9492. Final orders will have to be passed by the District Collector in the matter of the vehicle in question. Accordingly, the petitioner may move the District Collector, the 2nd respondent with a comprehensive representation in this regard and if it is so done within two W.P ( C) No. 14110 of 2009 2 weeks from today, the 2nd respondent shall either enquire into the same by himself or cause an enquiry to be made by a competent authority and pass orders thereon within two months from the date of receipt of the representation. In the meanwhile, the vehicle in question shall be released to the petitioner provided he deposits an amount of Rs.35,000/- as demanded under Exhibit-P4. Such deposit shall be without prejudice to the contentions of the petitioner. It is made clear that the vehicle shall be released to the petitioner only after obtaining a due authentication from the registered owner of the vehicle. The vehicle is to be released to the petitioner only with the consent from the registered owner of the vehicle. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 14110 of 2009 3 W.P ( C) No. 14110 of 2009 4 W.P ( C) No. 14110 of 2009 5