IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 19683 of 2011(I) ----------------------- PETITIONER : --------------------- MUHAMMED SHAFI, S/O.CHEKKU, UROTHIYIL HOUSE, OZHOOR P.O., THANALUR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): ------------------------- 1. THE REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT, PIN-676101. 2. THE SUB INSPECTOR OF POLICE, TANUR POLICE STATION, MALAPPURAM DISTRICT, PIN-676302. R1 & R2 BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 19683 of 2011(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER OF THE FIRST RESPONDENT DATED 17-4-2010 AS NO.E.1918/2010/K.DIS. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn ANTONY DOMINIC, J --------------------------------------- W.P(C) No.19683 of 2011 ---------------------------------------- Dated this the 27th day of July, 2011. J U D G M E N T The petitioner is the registered owner of a Mini Lorry bearing registration No.KL-55d/6905. According to the petitioner while the vehicle was used for the transportation of red earth, it was seized by the respondents. It is stated that the mahazar was not served on the petitioner. It is his case that the seizure ought to have reported to the concerned Magistrate. According to the petitioner nothing was done and therefore the writ petition is filed. 2. Learned Government Pleader has obtained instructions in the matter. His case is that the vehicle was used in violation of the provisions contained under the Act 28/2008 and the matter is being reported to the District Collector, Malappuram. 3. Now that the proceedings under Act 28/2008 are pending against the vehicle, obviously it is for the District Collector to finalise the proceedings. This the District W.P(C) No.19683 of 2011 2 Collector shall do with notice to the petitioner as expeditiously as possible. 4. However, vehicle detained by the respondent is left exposed to sun and rain, causing damages to the vehicle. Therefore, I direct that along with a copy of this judgment and the writ petition, the petitioner can apply to the District Collector seeking interim custody of the vehicle. It is directed that if such an application is made, orders thereon shall be passed within ten days thereafter. It is clarified that it will open to the District Collector to impose suitable conditions as he deems fit. The Writ Petition is disposed of. ANTONY DOMINIC ab JUDGE