IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 WP(C).No. 4243 of 2011(E) -------------------------------- PETITIONER(S): ------------------- SHIBU, AGED 25, S/O.PAPPACHAN, MADAVANA, MALAYATTOOR, ERNAKULAM DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.REVI K. (PARIYARATH) RESPONDENT(S): --------------------- 1. THE STATE OF KERALA, REP BY THE SECRETARY TO THE GOVT, REVENUE DEPARTMENT, GOVT SECRETARIAT THIRUVANANTHAPURAM - 695 001. 2. THE REVENUE DIVISIONAL OFFICER FORT KOCHI - 683 111. 3. THE SUB INSPECTOR OF POLICE KALADY POLICE STATION, KALADY - 683 574. 4. THE DISTRICT COLLECTOR, ERNAKULAM - 682 011. BY GOVT.PLEADER SRI.P.N.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.4243 OF 2011 -------------------------------- Dated this the 14th day of February 2011 JUDGMENT The lorry bearing number KL8-U/348 owned by the petitioner was intercepted on the way on 15/01/2011 by the third respondent alleging illegal transportation of river sand. Case of the petitioner is that petitioner is innocent and that in spite of filing necessary applications as borne by Ext.P4 and Ext.P5 (which are stated as forwarded to the second respondent by the District Collector/fourth respondent), no further steps are taken to release the interim custody; which made the petitioner to approach this Court. 2. Heard the learned Govt. pleader as well. Considering the facts and circumstances, the second respondent is directed to consider Ext.P4 with regard to the interim custody of the vehicle and pass appropriate orders in accordance with law and in the light of the observation made by the Full Bench of this Court in the decision reported in “Shan C.T. V State of Kerala and Others (2010(3) KHC 333). Writ Petition is disposed of. P.R.RAMACHANDRA MENON vdv JUDGE