IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 6789 of 2010(W) ------------------------------------------ PETITIONER(S): ------------------------- FAISAL, AGED 22 YEARS, S/O.MOHAMMED NAJEEB, ERANJIKKAL HOUSE, MAMPAD P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. MR.P.SHAMSUDIN RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE DEPUTY COLLECTOR, ELECTION IN CHARGE, TALUK OFFICE, NILAMBUR. R1 & R2 BY SR. GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6789/2010-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of March, 2010 J U D G M E N T The petitioner herein is the owner and in possession of a Tata mini lorry bearing Registration No.KL-10-A-1638. The petitioner had purchased the said vehicle from the registered owner by virtue of a sale agreement (Ext.P1). On 27/02/2010, the said vehicle was intercepted by the second respondent-Deputy Collector and was seized alleging illicit transportation of river sand in violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. The petitioner has filed this writ petition seeking for a direction to the respondents to release the above vehicle to the petitioner. 2. Heard learned counsel for the petitioner and the learned Government Pleader. 3. The first respondent is conferred with the power to consider the release of the vehicle by way of an interim measure in the light of the decision of this Court in Subramanian v. State of Kerala [2009 (1) KLT 77), after assessing various materials and on such conditions which he deems fit to impose. Therefore, if the petitioner moves the first respondent for interim custody of the vehicle, the first respondent will consider the same and pass W.P.(C). No.6789/2010 -:2:- appropriate orders within a period of seven days from the date of receipt of the application, 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 in respect of the proceedings, if any, initiated under the Act also 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. (T.R. Ramachandran Nair, Judge.) ms