IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 WP(C).No. 11651 of 2009(B) ---------------------------------- PETITIONER(S): --------------------- 1. M.A.SHARAFFUDHEEN AGED 34 YEARS, S/O.MOHAMMED KUNHI, MUNAMBA HOUSE, CHENGALA POST, KASARAGOD. 2. M.A. IBRAHIM NOUSHEER, AGED 26 YEARS S/O.MOHAMMED KUNHI, MUNAMBA HOUSE, CHENGALA POST, KASARAGOD. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): --------------------- 1. THE DISTRICT COLLECTOR, KASARAGOD. 2. THE TAHASILDAR, TALUK OFFICE, KASARAGOD. 3. THE VILLAGE OFFICER, KASARAGOD. SRI. K. C. SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.11651 of 2009 --------------------------------- Dated, this the 21st day of April, 2009 J U D G M E N T The petitioners submit that they are the registered owners of a JCB bearing Regn.No.KL-14/G-1472 and a tipper lorry bearing Regn.No.KL-14/G-8826. It is stated that although these vehicles were engaged in the transportation of ordinary earth, without any reason whatsoever, these vehicles have been detained and are presently in the custody of the 1st respondent. According to the petitioners, while proceedings have not been finalised, their attempt to get the vehicles released on interim custody has not been yielded any result. It is in this background, the writ petition has been filed. 2. I heard the learned Government Pleader also. 3. Even according to the petitioners, proceedings are pending before the 1st respondent. If that be so, the petitioners can only ask for interim custody of the vehicles pending finalisation of the proceedings. Having regard to the fact that no useful purpose will be served in keeping the vehicles in detention exposing it to sun and rain and causing damages, the writ petition is disposed of with WP(C) No.11651/2009 2- the following directions:- That on the petitioners remitting an amount of Rs.25,000/- each and furnishing an undertaking before the 1st respondent not to alienate or encumber the vehicles during the pendency of the aforesaid proceedings, the 1st respondent shall release the vehicles to the petitioners. It is directed that it will be open to the 1st respondent to finalise the proceedings with notice to the petitioners as expeditiously as possible. 4. The petitioners shall produce a copy of this judgment before the 1st respondent, who, on the petitioners complying with the conditions stated above, shall release the vehicles to them forthwith. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg