IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 3723 of 2011(M) -------------------------------------- PETITIONER(S): ------------------------ 1. A.B.VINOD, S/O. BHASKARAN, AGED 38 YEARS ALPARA HOUSE, THAVALAM P.O., MANNARKKAD TALUK PALAKKAD. 2. HAMSA V.K., S/O. SAYED ALAVI HAGI, AGED 49 YEARS, VARIKODAM HOUSE, RANDATHANI P.O., TIRUR TALUK, MALAPPURAM. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM.PIN- 676 505 2. THE REVENUE DIVISIONAL OFFICER TIRUR.PIN -676 101 3. THE SUB INSEPCTOR OF POLICE KAIPAKANCHERI POLICE STATION, MALAPPURAM.PIN- 676 551 R1 TO R3 BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ------------------------- W.P (C) No.3723 of 2011 -------------------------- Dated this the 4th February, 2011 J U D G M E N T Petitioners are the registered owners of Tipper Mini Lorry bearing Reg. Nos. KL 50-8449 and KL 55 -B 2294. It is stated that by Ext.P3 mahazar these vehicles were seized by the 3rd respondent. Petitioners have made Exts.P4 and P5 applications to the 2nd respondent for release of the vehicles. Orders have not been passed on these applications and hence the writ petition is filed. 2. Going by the averments in Ext.P3 mahazar, proceedings initiated against the petitioners are on the allegation that vehicles have been used in violation of the provisions contained in Act 28 of 2008. 3. If that be so, proceedings can only be initiated by the 1st respondent, who is the competent authority under the Act. Therefore, by Exts.P4 and P5 applications before the 2nd respondent, petitioners cannot get any relief. 4. In that view of the matter, I direct that it will be open to the petitioners to make applications to the 1st W.P (C) No.3723 of 2011 2 respondent for interim custody of the vehicle in which event, the 1st respondent will consider and pass orders thereon within ten days thereafter. It is ordered that in the event interim custody is given, it will be subject to such conditions as the first respondent may deem it appropriate. 5. It is also directed that the 1st respondent shall conclude the proceedings against the vehicles on an expeditious basis. 6. Petitioners shall produce a copy of this judgment before the 1st respondent, for compliance. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge