IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 4321 of 2010(M) --------------------------------------- PETITIONER(S): ------------------------ SHUKOOR, KALLIKKAL HOUSE, NIRANAM NORTH P.O., THIRUVALLA. BY ADV. MR.T.P.PRADEEP RESPONDENT(S): ---------------------------- 1. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, THIRUVALLA. 2. THE SUB INSPECTOR OF POLICE, PULIKEEZHU. 3. TAHSILDAR, TALUK OFFICE, THIRUVALLA. 4. THE DISTRICT COLLECTOR, PATHANAMTHITTA. R1 TO R4 BY SR. GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.4321 OF 2010 --------------------------------------- Dated this the 17th day of February, 2010. J U D G M E N T The petitioner is the owner of a Tipper Lorry bearing Registration No.KL 17-A-9242. The above vehicle was seized by the 1st respondent alleging that it was engaged for the transportation of red earth without pass. According to the petitioner, the vehicle is being kept in the courtyard of Revenue Tower in open and therefore, the same will get damaged. 2. The petitioner is seeking for a direction to give interim custody of the vehicle. He is also ready to compound the offence. For that purpose, he has filed Exhibit P3 representation before the 3rd respondent-Tahsildar. 3. Learned Government Pleader on instructions submitted that the matter is still pending before the District Collector. It is submitted that the Tahsildar has no power to compound the offence. It is submitted by the learned counsel for the petitioner that the Kerala Minor Mineral Concession Rules will apply here. W.P.(C) No.4321/2010 2 If the petitioner files a fresh application for release of the vehicle and for compounding the offence before the District Collector within a period of one week, the same will be considered and appropriate orders will be passed within a period of ten days. The request to release the vehicle by way of interim custody also will be considered in accordance with law. The petitioner will produce a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp