IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 17606 of 2011(A) -------------------------------------- PETITIONER: ------------------- VINOD,S/O.K.SOOLAPANI,AGED 33 YEARS, BINU BHAVAN,PERUNNA WEST,PANACHIKAVU P.O, CHANGANASSERY. BY ADV. SRI.S.RAJEEV. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR,COLLECTORATE, ALAPPUZHA 688 001. 2. THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA 688 001. 3. CIRCLE INSPECTOR OF POLICE,MANNAR POLICE STATION,ALAPPUZHA- 688 001. 4. SUB INSPECTOR OF POLICE,EDATHUA POLICE STATION,ALAPPUZHA- 688 001. R1 TO R4 BY SR. GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17606/2011-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING NO. KL-17- C-7711. EXT.P.2: COPY OF THE GOODS CARRIAGE PERMIT OF VEHICLE NO. KL-17-C-7711. EXT.P.3: COPY OF THE WORK ORDER ISSUED BY THE SUPERINTENDING ENGINEER, HARBOUR ENGINEERING CENTRAL CIRCLE, ERNAKULAM. EXT.P.4: COPY OF THE PROCEEDINGS OF THE SECOND RESPONDENT DTD. 04/05/2011. EXT.P.5: COPY OF THE JUDGMENT IN W.P.(C).NO.15039/11 DTD 16/06/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.17606 OF 2011 -------------------------------------------------- Dated this the 30th day of June 2011 JUDGMENT The vehicle bearing No. KL 17 C 7711 belonging to the petitioner, as covered by Ext. P1 Registration Certificate and Ext. P2 permit issued by the concerned authority, is stated as seized on 25.05.2011 by the 3rd respondent for the alleged illegal transportation of 'red sand' without valid permit. 2. The learned counsel for the petitioner submits that, the petitioner's vehicle is not involved in the offence as alleged and despite the many an attempt made by the petitioner to substantiate the actual position before the concerned respondents, no further proceedings are pursued and the vehicle is still lying in the custody of the respondents. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, this Court finds that, there is no rhyme or reason to retain the vehicle by the respondents without causing the same to be produced before the concerned Magistrate's Court, if any offence has been committed by the petitioner as alleged. The respondents are directed to produce the vehicle before the competent Court W.P.(C) No.17676/2011 2 within 'three days' from the date of receipt of a copy of this judgment. The petitioner may approach the concerned Court to have the vehicle released, subject to the terms to be fixed by the said Court. It will be open for the concerned authority to pursue appropriate proceedings, if necessary, in connection with the alleged offence in accordance with law. It is made clear that, the respondents shall inform the petitioner as to the particulars of the offence and the Court where the vehicle is sought to be produced. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the respondents for further steps. The Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE