IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 8234 of 2010(D) -------------------------------------- PETITIONER(S): ----------------------- ABU THAHIR. K.M, AGED 20 YEARS, S/O.MUHAMMED, KALLAYIL HOUSE, KUNNAMKULAM, NOW RESIDING AT PAROLA HOUSE, PARAKKADU, CHELAKKARA. BY ADV. MR.P.K.SAJEEV RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION. R1 & R2 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.8234/2010-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 12th day of March, 2010 J U D G M E N T The petitioner is the owner of a goods carriage TATA 407 bearing Registration No.KL-10-L-722. It is stated that he had purchased the same from one Shri Hamsa. Ext.P2 is the copy of the sale agreement executed between the petitioner and Shri Hamsa. On 19/11/2009 the vehicle was intercepted and was seized by the Cheruthuruthy police on the allegation of transporting river sand on 18/11/2009 without any valid permit and a crime has also been registered as Crime No.555/2009. He denies the said allegation. It is the case of the petitioner that the said vehicle was entrusted with the Sree Ayyappa Auto Garage, Chelakkara for test works on 11/11/2009 and he received the same only on 18/11/2009 at night 12.30 a.m, and was thereafter it entrusted with Al-Ameen Service Centre, Venganellur for service works. It was while returning after service works that the vehicle was seized. 2. The petitioner has made a request to the first respondent for interim custody of the vehicle in the light of the decision of this Court in Subramanian v. State of Kerala [2009 (1) KLT 77). Ext.P5 is the copy of the said W.P.(C). No.8234/2010 -:2:- request. Aggrieved by the delay in disposal of the said application, the petitioner has filed this writ petition. 3. Heard learned counsel for the petitioner and the learned Government Pleader. 4. There will be a direction to the first respondent to take a decision on Ext.P5 within a period of seven days from the date of production of a copy of this judgment, in the light of the well settled principles laid down by this Court in various decisions and, on such terms and conditions which he deems fit to impose. The matter will be considered in accordance with law. There will be a further direction to the first respondent to pass final orders within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and after considering the pleas raised by the petitioner, on merits. (T.R. Ramachandran Nair, Judge.) ms