IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 21164 of 2011(U) -------------------------- PETITIONER(S): ---------------------- NARAYANAN, S/O.ACHUTHAN, AGED 57 YEARS, THOPPIL HOUSE, KOOMBANPARA, ADIMALY, IDUKKI DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, IDUKKI, PIN-685 603. 2. THE SUB COLLECTOR, DEVIKULAM, IDUKKI DISTRICT, PIN-685 613. GOVT.PLEADER SMT.M.R.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21164/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE F.I.R. IN CRIME NO.556/2011 OF THE ADIMALY POLICE STATION DATED 18.6.2011. EXT.P2: TRUE COPY OF THE BUILDING PERMIT ISSUED BYTHE ADIMALY GRAMA PANCHAYAT DATED 4.6.2010. EXT.P3: TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, MANNAMKANDAM DATED 27/6/2011. EXT.P4: TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTIES WHERE THE SCHOOL SITUATES. EXT.P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY FR.M.M.ABRAHAM TO THE 2ND RESPONDENT DATED 20/6/11. EXT.P6: TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT AS NO.2409/2011 DATED 1/7/2011. EXT.P7: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE the 1ST RESPONDENT DATED, NIL. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 21164 OF 2011 ===================== Dated this the 10th day of August, 2011 J U D G M E N T Petitioner claims to be the registered owner of a JCB bearing Regn.No.KL-02/W 7098. On 18/6/2011, the machinery was seized by the 2nd respondent, and according to the submissions made by the learned Government Pleader, the matter is pending consideration of the 1st respondent. 2. It is seen from the records that the petitioner sought release of the JCB by filing Ext.P7 and orders on Ext.P7 have not been passed so far. Counsel for the petitioner points out that in the light of Ext.P3 report of the Village Officer and Ext.P6 report of the Sub Collector, no legally sustainable proceedings are pending and therefore the machinery should be ordered to be released. 3. However, learned Government Pleader points out that subsequent to Ext.P6, yet another report was submitted to Collector on 15/7/2011 along with F.I.R., and that, the Collector has ordered submission of a valuation report. Thus, obviously proceedings are pending before the 1st respondent and it is for the 1st respondent to finalise the same. WPC No. 21164/11 :2 : 4. Be that as it may, no useful purpose will be served by keeping the JCB in detention exposing it to sun and rain causing damages to its owner. Therefore, if sufficient safeguards are provided, there should be no reason why the JCB shall not be released to the petitioner. 5. In that view of the matter, I direct that, on the production of a copy of this judgment, the 1st respondent shall finalise the proceedings in relation to the machinery in question with notice to the petitioner. It is directed that in the meanwhile, orders on Ext.P7 will be passed within two weeks of production of a copy of this judgment. It will be open to the 1st respondent to impose sufficient safeguards as he deems fit. 6. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp