IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 6575 of 2010(V) ------------------------------------- PETITIONER(S): ------------------------ HAMZA, S/O.KUNHIMARAKKAR, MOLAKAPARAMBIL HOUSE, NO.6/542, PERUNDALLUR P.O., MALAPPURAM. BY ADV. MR.C.V.MANUVILSAN, MR.P.G.SURESH, SMT.K.VIDYA, MR.M.R.VIBIN. RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, 2. THE SUB INSPECTOR OF POLICE, KALPAKANCHERY, 3. THRIPANGODU GRAMA PANCHAYATH, REP.BY ITS SECRETARY, MALAPPURAM DISTRICT. R1 & R2 BY SR. GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6575/2010-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of March, 2010 J U D G M E N T The petitioner herein is the registered owner and in possession of a goods carriage bearing Registration No.KL- 10-A-3537. On 22/02/2010, the said vehicle was intercepted by the Sub Inspector of Police and was seized alleging illicit transportation of river sand. The petitioner contends that the said vehicle was used for transportation of sand with a valid permit. 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 Court in various decisions and, on such terms and conditions which he deems fit to impose. The matter will W.P.(C). No.6575/2010 -:2:- 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. 5. The petitioner is relying upon Ext.P2, a copy of the permission issued by the competent authority to transport river sand. Therefore, the same will also be verified by the District Collector while considering the application for interim custody. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms