IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 5830 of 2010(C) ------------------------- PETITIONER(S): --------------- BIJU.K.D., AGED 30 YEARS, S/O. DEVASSY, KOZHUKKATTA HOUSE, CHELAMATTOM, OKKAL.P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. PIN-683550. BY ADV. SRI.P.V.PRAKASAN SRI.S.RUSSEL SRI.V.R.ARUN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM, DISTRICT COLLECTORATE, KAKKANAD, ERNAKULAM PIN-682030. 2. THE S.I. OF POLICE, ANGAMALY, ANGAMALY.P.O., ERNAKULAM. PIN-683572. 3. THE DISTRICT GEOLOGIST, KOTTAYAM, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, COLLECTORATE.P.O., KOTTAYAM, PIN-686002. GOVERNMENT PLEADER, SHRI P.NARANAYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5830/2010-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of February, 2010 J U D G M E N T The petitioner herein is the owner and in possession of a Eicher lorry bearing Registration No.KL-40-B-364. On 12/01/2010, the said vehicle was intercepted by the Sub Inspector of Police and was seized alleging illicit transportation of river sand. It is the case of the petitioner that the said vehicle was used for transportation of ordinary sand purchased from one Shri Sojan, Vengoor, Angamaly as per Ext.P2 Cash Memorandum in Form 'P' and he had not transported river sand. 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. 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.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 W.P.(C). No.5830/2010 -:2:- 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. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE