IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 7308 of 2010(K) ------------------------------------- PETITIONER: ------------------- PRASANNA, D/O.GOURIKUTTY, AGED 39 YEARS, VENATTU VEEDU, VAVVAKKAVU, KARUNAGAPPALLY, KOLLAM. BY ADV. MR.V.JAYAPRADEEP. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.7308/2010-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of April, 2010 J U D G M E N T The petitioner's vehicle bearing registration No.KL-2- H-4752 was seized for alleged violation of the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act. It was seized on 06/01/2010 at about 9.30 a.m from the Kidapram-Kannankad road, and the East Kallada Police have registered a crime as Crime No.15/2010. 2. According to the petitioner, the lorry contained only land soil which is sandy in appearance and which can be proved by testing. The petitioner seeks for a direction to the second respondent to release the vehicle as an interim measure to the petitioner by providing easy conditions. According to the petitioner, the strict conditions provided by this Court in District Collector Malappuram v. Abdul Kasim [2010 (1) KLT SN 31] may not apply uniformly irrespective of the facts of this case. 3. Heard the learned Government Pleader also. It is submitted that the same is a general direction, issued by a Division Bench of this Court. 4. Today, the learned counsel for the petitioner brought to my notice a decision in W.A.No.499/2010, dated 17/03/2010, wherein the District Collector was directed to W.P.(C). No.7308/2010 -:2:- release the vehicles after unloading the sand on appellants remitting Rs.25,000/- each for each vehicle seized with sand. If the petitioner is relying upon the said Judgment, he will be free to produce it before the District Collector. The application submitted by the petitioner for releasing the vehicle by way of interim custody will be considered by the District Collector and appropriate orders will be passed within seven days from the date of production of a copy of this judgment. The final order under the relevant provisions of the Act will be passed within two months from the date of receipt of a copy of this judgment after adverting to all the contentions urged by the petitioner. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE