IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 2166 of 2009(G) ----------------------------------- PETITIONER(S): ------------------- HAMZA, S/O. ALI, NADUTHALATHIL HOUSE, KODUR.P.O, PERINTHALMANNA. BY ADV. SRI.MANSOOR.B.H. SMT.ANJU MOHAN RESPONDENT(S): ---------------------- 1. SUB INSPECTOR OF POLICE, KULATHUR POLICE STATION. 2. DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 2166 OF 2009 (G) ==================== Dated this the 21st day of January, 2009 J U D G M E N T Petitioner states that his vehicle bearing Regn.No.KL 53/1558(Tipper lorry) was seized by the 1st respondent on 24/12/2008 alleging illicit transportation of river sand. According to him, no mahazar was prepared and no documents were given to him evidencing seizure. It is stated that there has not been any further proceedings following the seizure on 24/12/2008. It is in these circumstances, the writ petition is filed praying for directing the respondents to grant interim custody of the vehicle. 2. As already seen, nothing has been placed on record evidencing seizure of the lorry. In any case, final order has not been passed so far. 3. In such circumstances, the appropriate order to be passed is to direct the petitioner to approach the 2nd respondent with an application for interim custody of the vehicle. Therefore, the writ petition is disposed of directing that it will be open to the petitioner to approach the 2nd respondent seeking interim custody of the vehicle, in case, the same is under detention. If such an WPC 2166/09 :2 : application is filed, the 2nd respondent shall consider the same and pass orders thereon within 15 days of its receipt, along with a copy of this judgment. ANTONY DOMINIC, JUDGE Rp