IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 32891 of 2011(J) -------------------------- PETITIONER(S): --------------- SIVADASAN, S/O.VELAYUDHAN, NADUVILE VALAPPIL HOUSE, PUDUPALLY P.O., PURATHUR, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT-670101. 3. TIRUR TALUK LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD., NO.M-798, P.O.PUDUPALLY TIRUR-676102. 4. THE TAHSILDAR, TIRUR TALUK-676101. BY GOVERNMENT PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.32891/11 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF THE PETITIONER BEARING NO.KL-07 D/7965. EXHIBIT P2: TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT DATED 24-9- 2011, SENT TO THE R2. EXHIBIT P3: TRUE COPY OF THE REPRESENTATION DATED 10-10-11 SUBMITTED BY PETITIONER BEFORE R2. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32891 of 2011 J ``````````````````````````````````````````````````````````` Dated this the 23rd day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner says that his lorry bearing registration No.KL-7D-7965 was seized by the fourth respondent, on the allegation that what was transported was river sand. However, it was subsequently seen that it was sand acquired from the third respondent, which was not river sand. According to the petitioner, the seizure of the vehicle was on 20.09.2011 and since then, the vehicle is kept in the custody of the second respondent, without initiating any further proceedings in the matter. It is because of the detention of the vehicle that the writ petition has been filed. 2. If the vehicle has been seized for unauthorised transportation of either river sand or ordinary sand, the respondents may be justified in taking appropriate action against the vehicle. But, however, without taking any action, vehicle cannot be kept under detention. In this case, there W.P.(C) No.32891/2011 : 2 : is nothing to indicate that any proceedings have been initiated so far. 3. Therefore, I direct that, on the production of a copy of this judgment, the second respondent will release the vehicle to the petitioner, on the petitioner executing a bond undertaking to produce the vehicle as and when required and not to alienate or encumber the respondents from initiating any action as is warranted in law against the vehicle in question. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/23/12 // True Copy // P.A. To Judge