IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 28390 of 2011(W) -------------------------- PETITIONER(S): -------------------- BINU M.P. AGED 35 YEARS, S/O.T.K.PARAMESHWARAN, KANJIRAMTHUNDIL, PONGALADI, PARANTHAL P.O, PANDALAM, PIN 689 518. ADOOR, PATHANAMTHITTA DT. BY ADV. SRI.T.K.VIPINDAS SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRTARIAT, THIRUVANANTHAPURAM 695001. 2. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA 684 645. 3. THE REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA DISTRICT 691579. 4. VILLAGE OFFICER, PERINGANAD, ADOOR, PATHANAMTHITTA 691579. SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28390/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF JCB BEARING NO.KL-26 B 7568 ISSUED BY MOTOR VEHICLES DEPARTMENT. EXT.P2: TRUE COPY OF THE FREE INSURANCE COVERAGE CERTIFICATE 13.7.11. EXT.P3: TRUE COPY OF THE MAHAZAR PREPARED BY THE 4TH RESPONDENT AND FORWARDED TO 3RD RESPONDENT. EXT.P4: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 28390 OF 2011 ===================== Dated this the 25th day of October, 2011 J U D G M E N T Petitioner complains of seizure of his JCB bearing Regn.No.KL-26B 7568. According to the petitioner, the said seizure was on the allegation that the equipment was used in violation of the provisions contained under Act 28 of 2008. It is also submitted that he sought interim custody of the equipment by filing Ext.P4. Orders were not passed and therefore the writ petition is filed. 2. Since proceedings are pending before the 2nd respondent, at this stage, it is unnecessary for this Court to go into the merits of the case as it is for the statutory authority to consider the matter. Be that as it may, no useful purpose will be served by detaining the equipment until the termination of the proceedings, leaving it exposed to sun and rain and causing damages. 3. Therefore, I direct that the 2nd respondent will pass orders on Ext.P4, particularly taking note of the fact that the petitioner is willing to furnish bank guarantee as security for WPC No. 28390/11 :2 : releasing the vehicle. Such orders on Ext.P4 shall be passed, at any rate within two weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp