IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 1999 of 2009(K) ----------------------------------- PETITIONER(S): -------------------- SAJI P.GEORGE, PORUNNALLIL, OMALLOOR, PATHANAMTHITTA. BY ADV. SRI.S.ABDUL RAZZAK RESPONDENT(S): ---------------------- 1. THE GOVT.OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, GOVT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 3. THE TAHSILDAR, PATHANAMTHITTA. 4. THE VILLAGE OFFICER, OMALLOOR P.O. PATHANAMTHITTA. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 1999 OF 2009 (K) ==================== Dated this the 28th day of January, 2009 J U D G M E N T Petitioner is the registered owner of the tipper lorry bearing Regn.No.KL3/J 7754. According to the petitioner, obliging the request of the PTA President of the Government UP School at Omalloor the vehicle was given for developing a play ground. It is stated that PTA arranged a driver and while transporting the ordinary earth removed from the play ground and dumping the same in a nearby garden land, the Village Officer seized the vehicle. According to the petitioner the vehicle was seized on 11/1/2009, whereas according to the learned Government Pleader the vehicle was seized on 12/1/2009. Petitioner states that the whole proceedings are illegal and therefore, the tipper lorry is liable to be released to him forthwith. 2. On the other hand, the learned Government pleader on instruction submits that on 12/1/2009, the lorry was seized by the Village Officer as it was found engaged in reclaiming a paddy field. 3. Irrespective of the controversy about the nature of the activity in which the lorry was engaged, the fact remains that the proceedings are still pending before the 2nd respondent, and, that authority has to WPC 1999/09 :2 : necessarily complete the same. 4. Be that as it may, taking into account the averments in the writ petition particularly that the vehicle was engaged in levelling the play ground of the Government U.P School, I am inclined to direct that the vehicle referred to above, which is now stated to be in the custody of the Pathanamthitta Police Station shall be released to the petitioner, on the petitioner giving an undertaking that the same will not be alienated or encumbered and that the same will be produced if and when necessary. Petitioner shall produce a copy of this judgment before the 4th respondent, who shall arrange for the release of the vehicle, without any delay. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp