IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 5441 of 2010(E) ------------------------- PETITIONER(S): --------------- RANJITH, S/O.RAJAGOPALAN, MALEKOLERI HOUSE, LAKKIDI, LAKKIDI POST, OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, OTTAPALAM. 3. HAMZA, S/O.VEERAN, KARIKKUMPURATH HOUSE, PARALI MANALAYA, ALIPARAMB. GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5441/2010-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of February, 2010 J U D G M E N T The petitioner herein is the agreement owner and in possession of a Tata 207 LMV goods carriage bearing Registration No.KL-08-W-8833. On 20/01/2010, the said vehicle was intercepted by the Sub Inspector of Police and was seized alleging illicit transportation of river sand. It is averred in the writ petition that no crime has been registered and no documents have been furnished to the petitioner regarding the seizure of the petitioner's vehicle and when the petitioner approached the second respondent for release of the vehicle, it was informed that the entire papers regarding the seizure have been forwarded to the first respondent for adjudication under the Kerala Protection of River Banks and Regulation of Removal of Sand Act and then directed the petitioner to approach the first respondent for release of the vehicle. 2. The petitioner 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.P3 is the copy of the said request. It is submitted that the vehicle is kept in open space exposed to sun and rain in the premises of the second W.P.(C). No.5441/2010 -:2:- respondent and if the same is not released immediately, it will be ruined and will cause hardship to the petitioner. Aggrieved by the delay in disposal of Ext.P3 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.P3 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 the registered owner and after considering the pleas raised by the petitioner, on merits. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms