IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 1947 of 2010(P) ------------------------- PETITIONER: -------------- ABDUL LATHEEF, S/O.MUHAMMED, KURUKKIL HOUSE, ANAKKAYAM, MALAPPURAM DISTRICT. BY MR.BABU S. NAIR, ADVOCATE RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, MALAPPURAM DISTRICT. BY MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.1947 OF 2010 --------------------------------------- Dated this the 21st day of January, 2010. J U D G M E N T The petitioner is the registered owner of a goods carriage namely, Mini Lorry bearing Registration No.KL-18B/7544. When the vehicle was being hired by different persons and on 01.01.2010, kerosene was transported in the vehicle. 2. The vehicle was intercepted by the officials of the Civil Supplies Department and it was handed over to the 2nd respondent and they in turn submitted a report to the 1st respondent-District Collector to initiate proceedings for confiscation. It is stated that now the vehicle is in the police station and the petitioner has not received any notice or order also in the matter. Seeking for a direction to release the vehicle by way of interim custody, the petitioner has filed Exhibit P1 application before the District Collector. 3. Learned counsel for the petitioner relied upon the second proviso to Section 6A(1)(c) of the Essential Commodities Act to W.P.(C) No.1947/2010 2 contend for the position that the District Collector is bound to pass an order on the application. The said proviso reads as follows: “Provided further that in the case of any animal, vehicle, vessel or other conveyance used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried by such animal, vehicle, vessel or other conveyance”. In the light of the above, there will be a direction to the District Collector to pass appropriate orders on Exhibit P1 within a period of two weeks from the date of production of a copy of this judgment, after hearing the petitioner. 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