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PRAMESH, S/O. VASU, AGED 27 YEARS v. THE DISTRICT COLLECTOR - WP(C) No. 20362 of 2007(Y)  RD-KL 12741 (11 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 20362 of 2007(Y)
1. PRAMESH, S/O. VASU, AGED 27 YEARS,
1. THE DISTRICT COLLECTOR,
2. CIRCLE INSPECTOR OF POLICE,
3. THE SECRETARY,
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
O R D E R
S. SIRI JAGAN, J.W.P.(C)NO. 20362 OF 2007
DATED THIS THE 11th DAY OF JULY, 2007
The petitioner's vehicle bearing registration No.Kl-7-Ay-8594 has been seized on allegations of illegal transportation of river sand. The petitioner submits that although the seizure was on 28.6.2007, the 1st respondent has not yet passed final orders and therefore, the petitioner may be granted interim custody of the vehicle.
2. The learned Government pleader submits that even if the District Collector releases the vehicle, the petitioner has to approach the concerned Judicial I Class Magistrate. Since the proceedings for prosecution of the petitioner is pending before the Judicial I Class Magistrate, ultimately he has to get release of the vehicle by orders of the Magistrate only.
3. Having heard both sides, I dispose of this writ petition with the following directions. The 1st respondent District Collector shall pass orders of release of the vehicle on the petitioner depositing an amount of Rs.25,000/- and furnishing proof of ownership of the vehicle. The petitioner shall also undertake not to alienate or otherwise part with W.P.(c)No.20362/07 2 possession of the vehicle, till the District Collector passes final orders. Thereafter, the petitioner would be free to move the I Class Judicial Magistrate for release of the vehicle in accordance with the Code of Civil Procedure. The respondents shall take appropriate steps, if the Magistrate orders release of the vehicle The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGEAcd TRUE COPY
PA TO JUDGE.W.P.(c)No.20362/07 3
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