IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 1442 of 2010(E) ------------------------------- PETITIONER: -------------- C.P.VARGHESE, AGED 63 YEARS, S/O.PHILIPOSE, CHIRAMBATT HOUSE, PANTHALAM PADAM DESOM, PANNIYANKARA P.O., ALATHUR, PALAKKAD. BY MR.P.SANTHOSH (PODUVAL), ADVOCATE. MS.R.RAJITHA, ADVOCATE. RESPONDENTS: ------------------ 1. SUB INSPECTOR OF POLICE, WADAKKANCHERRY POLICE STATION, PALAKKAD. 2. SUPERINTENDENT OF POLICE, PALAKKAD. 3. DISTRICT COLLECTOR, PALAKKAD. BY MR.P. NARAYANAN, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.1442 OF 2010 --------------------------------------- Dated this the 25th day of January, 2010. J U D G M E N T The petitioner's vehicle namely, Tractor bearing Registration No.KL-08-V-9175 was seized by the 1st respondent Sub Inspector of Police on 17.11.2009 on the allegation of illegal transportation of granite stone. Exhibit P1 is the copy of the seizure mahazar produced by the petitioner. 2. It is the case of the petitioner that the vehicle is remaining idle with the 1st respondent even without releasing the same to the petitioner, which is causing acute hardship to him. In these circumstances, the petitioner has moved the District Collector as per Exhibit P2 seeking for an order to release the vehicle to him. 3. Learned Government Pleader on instructions submitted that the Sub Inspector of Police has reported the matter to the District Collector already as per report dated 17.11.2009. W.P.(C) No.1442/2010 2 Therefore, there will be a direction to the 3rd respondent to take a decision on Exhibit P2 within a period of ten days from the date of production of a copy of this judgment. The request for release of the vehicle by way of interim custody will be considered by the 3rd respondent and the 3rd respondent will be free to impose such conditions as he deems fit. The petitioner will produce a copy of this judgment along with copy of the writ petition for compliance. The final order will be passed within a period of two months after hearing the petitioner. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp