IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 W.P.(C).No. 5225 of 2008(V) --------------------------------- PETITIONER: -------------- SOMARAJAN, AGED 45 YEARS, S/O. GOPALAN, SUNIL BHAVANAM, MUTHUKULAM NORTH, CHEPPADU. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ----------------- 1. SUB INSPECTOR OF POLICE, KORATHIAD POLICE STATION, ALAPPUZHA DISTRICT. 2. REVENUE DIVISIONAL OFFICER, CHENGANNUR. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 5225 OF 2008 V ==================== Dated this the 22ndday of February, 2008 J U D G M E N T The petitioner complains that a lorry belonging to him bearing Regn.No.KL-4/G 8679 has been detained while it was transporting ordinary sand. Ext.P4 is the mahazar, in which the only irregularity that is alleged is that it did not accompany a pass issued by the Revenue Divisional Officer or the Tahsildar. In Ext.P5, the Geologist has stated that it is ordinary sand and not river sand which was transported. However, none of the documents produced by the petitioner clearly indicate what proceedings are pending in respect of the lorry in question. Be that as it may, if at all the respondents want to continue the adjudication, they are free to do so. Pending such adjudication, I do not think that in the peculiar facts of this case, it is necessary to continue detention of the lorry. 2. Therefore, I direct that the lorry referred to above WPC 5225/08 :2 : shall be released to its registered owner on executing a bond undertaking to produce the same as and when needed and not to alienate or encumber the same. Once the RDO passes an order releasing the lorry in compliance with the above direction, the same shall be produced before the 1st respondent, who shall arrange for release of the lorry from the custody. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp