IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 35743 of 2007(E) -------------------------- PETITIONER: --------------- K.K.KUNJUMON, KANJIRATHINCHALIL HOUSE, KARIMPARA, KAIRALI P.O., NENMARA, PALAKKAD DIST. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ----------------- 1. SUB INPECTOR OF POLICE, NENMARA POLICE STATION, NENMARA, PALAKKAD DISTRICT. 2. DISTRICT COLLECTOR, PALAKKAD. BY GOVT.PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 35743 OF 2007 ===================== Dated this the 18th day of January, 2008 J U D G M E N T Petitioner has approached this court for a direction to the respondents to release a tractor bearing registration No.KL 9 C 5652 of 1995 Make to the petitioner. It is stated that when the tractor was engaged in the transportation of rubbles from a licenced quarry, it was seized by the 1st respondent. According to the petitioner, it is only at the instance of certain quarry owners, against whom he had approached this court by filing WP(C) No.27406/07. 2. In view of the allegations raised in the writ petition, the learned Government Pleader has obtained instructions and he submits that pursuant to the orders passed by this court in the writ petition filed by the petitioner, investigation was conducted and the tractor was detained on the suspicion that it was involved WPC 35743/07 :2 : in transporting rubbles from unauthorised quarries. According to him, since this court had called for a report from the District Collector, the issue in relation to the tractor involved in this writ petition also has been reported to the District Collector for further action. 3. Although the tractor has been seized and a report has been made to the District Collector, neither from the instructions nor during the course of the submissions, have I been told as to what offence is suspected of having been committed by the petitioner. However, it is pointed out by the Government pleader that at the time when the tractor was seized, the tractor was in default in complying with the requirements of paying Motor Vehicles Tax as also Insurance dues. 4. Since the detention of the tractor was only on account of the suspicion that the transportation of rubbles was from an unauthorised quarry and as even now no crime has been registered or any charge laid against the petitioner, I think there is no justification for the continued detention of the tractor, causing heavy loss to the petitioner. WPC 35743/07 :3 : 5. Therefore, without prejudice to the right of the respondents to take any action as is warranted in law, 1st respondent, in whose custody the tractor is now remaining, shall release the tractor, on the petitioner furnishing a bond undertaking not to alienate the tractor and to produce the same as and when called for. However 1st respondent need only release the tractor subject to the petitioner producing satisfactory documents to prove that insurance has been subscribed and that tax has been paid up to date. Subject to compliance with the statutory requirements as above and on the furnishing of a bond as stated above, the tractor in question will be released to the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Rp