IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 WP(C).No. 14428 of 2010(C) -------------------------- PETITIONER(S): --------------------- 1. REJI STEPHEN, S/O.P.M.STEPHEN, PALAMOOTTIL, KUTTUR, THIRUVALLA. 2. S.MOHANAN, S/O.SREEDHARAN PILLAI, LEKSHMI NIVAS, MAVELIKKARA. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.K.ACHANKUNJU RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE SUB INSPECTOR OF POLICE, CHENGANNUR. GOVT.PLEADER SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 14428 OF 2010 (C) ===================== Dated this the 6th day of May, 2010 J U D G M E N T First petitioner claims to be the owner of a tipper lorry bearing Regn.No.KL 27-A-5723 and the second petitioner claims to be the owner of lorry bearing Regn.No.KL-5 N 2843. It is stated that these vehicles have been seized by the 2nd respondent alleging offences under Section 270 I.P.C and the provisions of the Mines and Minerals (Regulation and Development) Act. Petitioners sought release of the vehicles and thereupon the 1st respondent has addressed to the Joint Regional Transport Officer to assess the value of the vehicles. It is thereupon the writ petition is filed. 2. Although the petitioners are challenging the validity of the very proceedings initiated against them, having regard to the fact that final orders have not been passed, I do not think it necessary that this court should examine such contentions at least, at this stage. For the present, this Court need only consider the grievance of the petitioners regarding the onerous condition of deposit of value of the vehicles for giving interim custody to the WPC No. 14428/10 :2 : petitioners. 3. Having considered the case in its totality, I am inclined to think that ends of justice will be served if the vehicles are ordered to be released to the petitioners on sufficient safeguards. Accordingly, I dispose of this writ petition directing that if the petitioners remit an amount of Rs.25,000/- (Rupees twenty five thousand only) each and furnish an undertaking to the 1st respondent not to alienate or encumber and to produce the vehicles as and when called for, the 1st respondent shall release the vehicles to the petitioners. It will be open to the 1st respondent also to make appropriate endorsements about the pendency of the above proceedings on the RC books in question. Thereafter the 1st respondent shall finalise the proceedings initiated against the petitioners without any further delay. Petitioners shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp