IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 8469 of 2009(C) ------------------------- PETITIONER(S): --------------- BOBAN,S/O.DEVASSIKUTTY,AGED 43 YEARS, PUTHEN,NEELEESWARAM P.O.,KALADY VILLAGE, ALUVA TALUK,ERNAKULAM (OWNER OF A MINI LORRY BEARING REGISTRATION NO.KL-5A-3474) BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION. GOVT. PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 8469 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th March, 2009. J U D G M E N T The petitioner's vehicle has been seized on allegations of illegal transportation of the river sand. The petitioner claims interim custody of the vehicle. 2. I have heard the learned Government Pleader also. 3. I am of opinion that after having seized the vehicle under the Kerala Protection of River Banks and Regulation of Sand Mining Act, the 1st respondent has a duty to pass final orders as contemplated under the Act and the Rules. In the above circumstances, the writ petition is disposed of with the following directions: The 1st respondent shall pass final orders in the matter, if not already passed, within one week from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a certified copy of this judgment personally before the 1st respondent. The 1st respondent shall hear the petitioner either on that day or on an adjourned day within seven days and pass orders also within the said seven days. It would be open to the petitioner to produce all documents to prove the legality of the transport by the petitioner. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.