IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 4478 of 2010(H) ------------------------- PETITIONER(S): --------------- NOUSHAD K, S/O.MARIYAKUTTY, KOONATHIL HOUSE, THRIKKANNAPURAM P.O., KUTTIPURAM MALAPPURAM DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR SMT.MAYA ANTHARJANAM SRI.PRABHU MATHEW RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. SUB INSPECTOR OF POLICE, ERUMAPETTY 3. SANTHOSH ZACHARIAS, MANAGING PARTNER, S.S. ASSOCIATES, PERUMPADAV, KARIPPAL, MALAPPURAM DISTRICT. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4478/2010-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of February, 2010 J U D G M E N T The petitioner herein is the owner and in possession of a mini lorry bearing Registration No.KL-10-V-1218. On 05/02/2010, 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 sand with a valid permit. Ext.P2 is the true copy of the pass. 2. The petitioner has filed an application for interim custody of the vehicle before the first respondent. Ext.P4 is the copy of the said application. 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. 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, there will be a direction W.P.(C). No.4478/2010 -:2:- to the first respondent to take a decision on Ext.P4 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 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 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