IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 71 of 2009(H) ----------------------- PETITIONER(S): --------------- 1. RAJAPPAN, AGED 70 YEARS, S/O.NARAYANAN, ATHIKKAPADAVIL HOUSE, KARIPPADAM, VELLOOR VILLAGE, VAIKOM TALUK. 2. MANIYAN, AGED 50 YEARS, S/O.KRISHNAN, PUTHENPURAYIL HOUSE, KULASEKHARAMANGALAM P.O., MARAVANTHURUTHU VILLAGE, VAIKOM TALUK. BY ADV. SRI.SIRAJ KAROLY SMT.DAYA. K.G.R. SRI.M.V.JOY RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANADU, ERNAKULAM DISTRICT. 2. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, CIVIL STATION, KAKKANADU, ERNAKULAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, HARBOUR POLICE STATION, WILLINGTON ISLAND, KOCHI, ERNAKULAM DISTRICT. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------- W.P.(C) No. 71 of 2009 ------------------------------------- Dated this the 2nd day of January, 2009 J U D G M E N T Petitioners are the registered owners of mini lorries bearing registration Nos.KL-5A-4445 and KL-5A-4455. Proceedings were initiated against these lorries on the allegation that they were involved in the unauthorized transportation of river sand and the lorries are under detention. According to the petitioners they have filed Exts.P5 and P5(a) requests to the first respondent seeking temporary release of the vehicles, producing Exts.P2 and P4 passes. It is stated that since the petitioners were engaged in transportion of river sand on the strength of valid passes, they are not liable to be confiscated. 2. Now that the petitioners have filed Exts.P5 and P5(a) seeking temporary release of the vehicles it is for the first respondent to pass orders thereon. Necessarily, the W.P.(C) No. 71/2009 -2- . genuineness of the passes relied on will also be considered , Accordingly the writ petition is disposed of directing that . the first respondent shall consider Exts P5 and P5( ) a and pass orders thereon as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the , . judgment after adverting to the contentions raised therein ( ) ANTONY DOMINIC JUDGE Figure “KL-5A 4455” occurring in the second line of the first paragraph of the judgment dated 02/01/2009 in WP(C) No. 71/2009 is corrected as “KL-5 3463” as per order dated 15/01/2009 in I.A No. 431/2009. Registrar (Judicial)