IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 5033 of 2010(D) ------------------------- PETITIONER(S): --------------- SABU JOY, S/O.JOY, SANJU BHAVAN, PANTHAPLAVU P.O., PATTAZHY, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 2. THE TAHSILDAR, PUNALUR TALUK OFFICE, PATHANAPURAM, PUNALUR, KOLLAM DISTRICT. 3. SRI.M.G.VINOD, SUB INSPECTOR OF POLICE, KUNNICODE POLICE STATION, KOLLAM DISTRICT. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.5033 of 2010 ------------------------------------------------ Dated this the 16th day of February, 2010 JUDGMENT The petitioner is in possession and enjoyment of 2002 Model Tata HGV Vehicle bearing Registration No.KL-17-A-471 and the registered owner is his mother-in-law. The vehicle was seized by the third respondent Sub Inspector of Police alleging illegal transportation of river sand. According to the petitioner he was having a valid pass issued by the second respondent Tahsildar. True copies of the passes have been produced as Exts.P2 and P2(a). It is submitted that the petitioner's rivals in the business fraudulently colluded together with the 3rd respondent who took his vehicle into custody and thereby falsely registered a Crime against him. According to the petitioner it is a clear malafide action on the part of the 2nd respondent. Petitioner seeks for a direction to release the vehicle to him. 2. If the petitioner moves an application for interim custody of the vehicle before the first respondent, the 1st respondent District Collector will consider the application after W.P.(C)No.5033 of 2010 2 verifying the documents produced by the petitioner, and pass orders within seven days of the receipt of the application. It will be open to him to impose such conditions as he deems fit to impose in case interim custody is ordered. 3. There will be a further direction to the District Collector to pass final orders on the proceedings within a period of six weeks from the date of receipt of a copy of this judgment with notice to the petitioner and after verifying all materials relied upon by him. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj