IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 16336 of 2011(N) --------------------------------------- PETITIONER: ------------------- SAJEEVAN.V., S/O.KRISHNAN, AGED 35 YEARS, VANNARATH HOUSE, PERUVANNAMUZHI, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, KOZHIKODE – 673 001. 2. REVENUE DIVISIONAL OFFICER, KOZHIKODE – 673 001. 3. SUB INSPECTOR OF POLICE, PAYYOLI POLICE STATION, KOZHIKODE – 673 001. R1 TO R3 BY SR. GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16336/2011-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGREEMENT DTD. 27/04/2011. EXT.P.2: COPY OF THE TEMPORARY PASS. EXT.P.3: COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF THE PETITIONERS VEHICLE BEARING REGN. NO.KL.18/A 414. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.16336 OF 2011 -------------------------------------------------- Dated this the 17th day of June 2011 JUDGMENT The vehicle bearing No.KL 18-A/4145, belonging to the petitioner was seized by the 3rd respondent on 11-04-2011 alleging involvement with regard to illegal transportation of river sand. The case of the petitioner is that inspite of approaching the concerned respondent for releasing the interim custody of the vehicle by filing necessary proceedings, it is still to be acted upon, which made him to approach this Court by filing this Writ Petition. 2. Heard the learned Govt. Pleader as well. 3. The petitioner, if at all aggrieved in respect of the cause of action is having an effective alternative remedy by approaching the 2nd respondent/RDO, on which event it is to be considered by the said respondent at the first instance. Accordingly, the Writ Petition is disposed of, directing the 2nd respondent to consider the claim for 'interim custody' of the vehicle within 'one week' from the date of receipt of a copy of this judgment, taking note of the observations made by the Full Bench of this Court in “Shan C.T. V State of Kerala and Others” (2010(3) KHC 333), and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate within 'six weeks' thereafter. W.P.(C) No.16336/2011 2 4. The petitioner shall produce a copy of this judgment, along with a copy of the Writ Petition before the 2nd respondent for taking further steps. Writ Petition is disposed of accordingly. vdv P.R.RAMACHANDRA MENON, JUDGE