IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 7264 of 2010(G) --------------------------------- PETITIONER : ------------------- BHUVANCHANDRAN NAIR, S/O.LATE VASUDEVAN NAIR, KRISHNA KRIPA, KOTTARKAVU, MAVELIKARA, ALLAPUZHA DISTRICT. BY ADVS. MR.ABRAHAM SAMSON SMT.LOVELY SAMSON RESPONDENTS : ----------------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE TAHSILDAR, THIRUVALLA TALUK. GOVERNMENT PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.7264 OF 2010 --------------------------------------- Dated this the 5th day of March, 2010. J U D G M E N T The petitioner is the owner of a TATA Tipper Lorry bearing registration No.KL-31/A5816. It is the case of the petitioner that the vehicle was engaged in transporting red earth to fill the foundation of the petitioner's shop room. It is submitted that alleging illegal transportation, the above vehicle was seized by the 2nd respondent on 20.02.2010. 2. The main prayer in the writ petition is for a direction to the 1st respondent to grant custody of the vehicle bearing No.KL-31/A5816 to the petitioner. If the petitioner moves the 1st respondent with an application to release the vehicle by way of interim custody, the same will be considered and appropriate orders shall be passed within a period of seven days from the date of production of a copy of this judgment, in the light of the well settled principles laid down by this Court in various decisions and on such terms W.P.(C) No.7264/2010 2 and conditions as he deems fit to impose. The matter will be considered in accordance with law. There will be a further direction to the 1st respondent to pass final orders within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and after considering the pleas raised by the petitioner, on merits. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp