IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 28485 of 2010(I) -------------------------- PETITIONER(S): -------------------- K.S.PRASANNAN, AGED 50, KARTHIYANI BHAVAN, KUMARANALLOOR, KOTTAYAM. BY ADV. SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM 686002. 2. THE SUB INSPECTOR OF PLICE, PAMPADY, KOTTAYAM 686 502. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 28485 OF 2010 (I) ===================== Dated this the 15th day of September, 2010 J U D G M E N T The prayer sought in the writ petition is to quash Ext.P10, an order passed by the 1st respondent releasing truck bearing Regn.No.KL-5 X/9828 to the petitioner with some conditions. The main ground raised by the petitioner is that the conditions imposed by the 1st respondent for interim custody are too onerous. Petitioner also contends that the whole proceedings are without jurisdiction. 2. Having regard to the fact that the 1st respondent has not yet finally decided the issue, in my view, the challenge raised by the petitioner against the proceedings is premature and I am not inclined to examine the same. 3. Since Ext.P10 contains conditions which are otherwise permissible under Section 20 of the Act and having regard to the deterrent provisions contained in the Act, this Court also will not be justified in concluding that the conditions imposed are without jurisdiction. In that view of the matter, though I uphold Ext.P10, still I direct the 1st respondent to conclude the proceedings in WPC No. 28485/10 :2 : respect of the truck in question with notice to the petitioner and as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment, which shall obviously be untramelled by the conclusions either in this judgment or in Ext.P10. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp