IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 12524 of 2007(N) -------------------------------------- PETITIONER: ----------- ------ 1. FAROOK K.K., AGED 26, S/O. KUNJU MOHAMMED, KARTHIYAMKOTTIL HOUSE, KUZHIVELIPPADY P.O., EDATHALA, ALUVA, ERNAKULAM DISTRICT. 2. V.P.MOHAMMED, AGED 48, S/O. PAREEKUTTY, VATTAPARAMBIL HOUSE, KUZHIVELIPPADY, EDATHALA, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.K.C.ELDHO RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LAND REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD, KOCHI-30. 3. THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY P.O., ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR K.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12524/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE REGISTRATION CERTIFICATE OF THE TIPPER LORRY BEARING REGISTRATION NO.KL-8/R-240 IN THE NAME OF THE IST PETITIONER. EXT.P2:- COPY OF THE REGISTRATION CERTIFICATE OF THE TIPPER LORRY BEARING REGISTRATION NO.KL 7/F-2017 IN THE NAME OF THE 2ND PETITIONER. EXT.P3:- COPY OF THE CLAIM PETITION NO.724/07 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, ALUVA. EXT.P4:- COPY OF THE CLAIM PETITION NO.728/07 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, ALUVA. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 12524 OF 2007 --------------------------------------- Dated this the 27th day of June, 2008. J U D G M E N T In the matter of release of petitioners' vehicles, there is already an interim order dated 11.04.2007. One of the main grievances of the petitioners is that the impugned action has been taken without notice to them. 2. There will be a direction to the second respondent to issue notice to the petitioners, hear their objections and any other affected party and pass appropriate orders in the matter in accordance with law within a period of six months from today. The fate of the bond executed by the petitioners as per the interim order dated 11.04.2007 will depend on the action thus taken by the District Collector. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 12524 OF 2007 J U D G M E N T 27.06.2008