IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 23952 of 2009(L) ---------------------------------------- PETITIONER(S): ------------------------ P.V.GOPALAN, S/O.SANKUNNI, POKKANDATHUVALAPPIL HOUSE, EDAPPAL P.O., THUYYAM, MALAPPURAM DISTRICT. BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE, SMT.NITA.N.S., MR.S.SUJIN. RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE, CHALISSERY. 2. THE CIRCLE INSPECTOR OF POLICE, OTTAPALAM. 3. THE SUPERINTENDENT OF POLICE, PALAKKAD. 4. THE REVENUE DIVISIONAL OFFICER, OTTAPALAM. 5. THE DISTRICT COLLECTOR, PALAKKAD. 6. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R6 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No.23952 of 2009 -------------------------- Dated this the 21st August,2009 J U D G M E N T Petitioner is the owner of a tipper lorry bearing Reg.No.KL-10/R-2456. When the said vehicle was transporting red soil from Koonammoochi near Challissery to Ponnani, it was intercepted by the S.I of Police, Chalissery. It has been seized as per Ext.P2 scene mahazar. Petitioner has approached the 4th respondent for release of the vehicle. It has not been done because files were also not available before the RDO, who is competent to take a decision. 2. Heard learned Government Pleader also. 3. First respondent shall, on receipt of the copy of this judgment, forthwith forward the papers relating to Ext.P2 to the RDO and RDO shall within two weeks from the date of receipt of a copy of this judgment, take a decision in the matter of confiscation/release of the vehicle belonging to petitioner bearing Reg No.KL-10/R 2456 after hearing the petitioner. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma 2 3