IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 36496 of 2009(F) -------------------------- PETITIONER: --------------- KARIM, S/O. ABOOBACKER, AGED 54 YEARS, MADATHIPARAMBIL, AZHEEKODU VILLAGE, KODUNGALLUR TALUK. (OWNER OF LORRY BEARING REGISTRATION NO.KL-52/0562). BY ADV. MR.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, MATHILAKOM POLICE STATION. 2. THE DISTRICT COLLECTOR, THRISSUR. BY MR.P.N. SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.36496 of 2009 - F ---------------------------------------- Dated 17th December, 2009 Judgment Ext.P3 order passed by the District Collector, Thrissur on 13.11.2009 to the extent it directs the petitioner to remit the sum of Rs.50,000/- as security with two solvent sureties for the like sum for getting interim custody of his vehicle is under challenge in this writ petition. 2. The petitioner's vehicle was seized on 20.10.2009. By Ext.P2 judgment delivered on 28.10.2009, this Court directed the District Collector to grant interim custody within seven days from the date of production of a copy of the judgment and to pass final orders within three months from such date. The certified copy of the judgment was produced before the District Collector on 11.11.2009. Though the period of three months fixed by this Court in Ext.P2 judgment will expire only on 11.2.2010, the District Collector can pass final orders even before that date. In my opinion, if the petitioner is not desirous of obtaining interim custody on the terms fixed by the District W.P.(C) No.36496/2009 2 Collector, he should await the final order instead of moving this Court for variation of the conditions stipulated by the District Collector in Ext.P3. The District Collector cannot be found fault with for having imposed conditions for grant of interim custody of the vehicle. The conditions imposed cannot also be said to be onerous. In such circumstances, I find no ground to entertain this writ petition. The writ petition fails and is dismissed with the observation that the District Collector shall pass final orders in the matter within the time limit fixed by this Court in Ext.P2 judgment. P.N.RAVINDRAN Judge vaa