This Criminal Miscellaneous Case is filed by the petitioner seeking to issue a direction to the Tahsildar, Vaikom to release the vehicle under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that petitioner is the registered owner of Swaraj Mazda MGV Tipper bearing Reg.No.KL-36/6672. He purchased the vehicle by availing a loan from Cholamandam Finance Company for eking livelihood by plying the goods carriage vehicle. On 24.11.2012, the vehicle was taken into custody by the second respondent near Annapoornasweri Temple while carrying normal sand. No crime was registered against the petitioner nor had send any notice to the petitioner in respect of the same. No offence has been committed under the provisions of the Kerala Protection of River Bank and Regulation of Removal of Sand Act, 2001 as well. The seizure has not been reported to the court also. Though the petitioner filed a petition for releasing of the vehicle, no reply was given by the second respondent. If the vehicle was kept in the taluk office premises exposed to sun and rain, it will be deteriorated and it will be of no use later it was released to him. So, the petitioner has no other remedy except to approach this Court seeking the following relief:
It is therefore humbly prayed that this Hon'ble Court be pleased to call for the records relating the same and direct the 2nd respondent to hand over the custody of Swaraj Mazda MGV Tipper bearing Registration No.KL-36/6672 to the petitioner and to pass such other orders which this Hon'ble Court deems fit and necessary in the interest of justice.
3. When the petition came up for hearing today, the learned Public Prosecutor submitted that on the basis of the report given by the Tahsildar to the District Collector, Kottayam, the District Collector, Kottayam authorised Revenue Divisional Officer, Kottayam to conduct enquiry and pass appropriate orders. Now the matter is before the Revenue Divisional Officer.
4. The learned counsel for the petitioner submitted that a notice has already been issued to the petitioner by the Revenue Divisional Officer in this matter.
5. Considering the circumstances, this Court feels that the petition can be disposed of as follows:
The petitioner is directed to file an application before the Revenue Divisional Officer for release of the vehicle and if such an application is filed, then the Revenue Divisional Officer, Kottayam is directed to consider and dispose of that application within two weeks from the date of filing of that application after giving an opportunity to the petitioner to make his submissions in this regard. The petitioner is directed to produce a copy of this order along with copy of this petition before the Revenue Divisional Officer.
With the above directions and observations, the petition is disposed of.
Hand over a copy of this order to the counsel for the petitioner for producing the same before the Revenue Divisional Officer for further necessary action.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge