IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 37889 of 2010(I) --------------------------------------- PETITIONER(S): ----------------------- RATNAKUMAR, KARAMUTHARAYIL VEEDU, MANDROTHURUTHU VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.KRISHNA MANI, SRI.D.KESAVAN NAIR. RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, KOLLAM-691 001. 2. THE SUB INSPECTOR OF POLICE, PUTHOOR POLICE STATION, PUTHOOR, KOLLAM-691 507. R1 & R2 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs ANTONY DOMINIC, J. ================ W.P.(C) NO. 37889 OF 2010 ===================== Dated this the 21st day of December, 2010 J U D G M E N T Petitioner is the registered owner of a tipper lorry bearing Regn.No.KL-17-F-2353. According to the petitioner, while the lorry was being engaged in levelling a property for the construction of a school ground, on the allegation that this vehicle was used in violation of the provisions contained in the Kerala Minor Mineral Concession Rules, the vehicle was seized by the 2nd respondent. It is stated that the lorry is still detained by the 2nd respondent and in such circumstances, the writ petition has been filed. 2. Admittedly, proceedings have been initiated against the petitioner under the Kerala Minor Mineral Concession Rules. Therefore, it is for the 1st respondent to finalise the proceedings by issuing notice to the petitioner and after hearing him. 3. In that view of the matter, at this stage, the proceedings do not warrant any interference from this Court. However, that does not mean that the vehicle should be kept under detention until the proceedings are finalised. 4. Now that the 1st respondent is seized of the matter, I WPC No. 37889/10 :2 : direct that it will be open to the petitioner to apply to the 1st respondent for interim custody of the vehicle, in which event, the 1st respondent will forthwith pass orders thereon imposing such conditions as he deems fit. It is directed that such orders will be passed at any rate within 7 days of making the application along with a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp