IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 36439 of 2009(Y) -------------------------------------- PETITIONER: ------------------- SHAJAN.M.K, S/O.KASSIM, MADHUKORIPARAMBIL, PASSUPPARA.P.O, IDUKKI. BY MR.P.SANTHALINGAM, SENIOR ADVOCATE, ADV. MR.S.SHARAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, INDUSTRIAL (G) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. TAHSILDAR, CHITTUR, PALAKKAD. 4. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, PALAKKAD. 5. SUB INSPECTOR OF POLICE, KOZHINJAMPARA, PALAKKAD. 6. COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CHECK POST, ATHIKODE, KOZHINJAMPARA, PALAKKAD. R1 TO R6 BY SR. GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2010,ALONG WITH W.P.(C). NO. 36518 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 36439/2009-Y & 36518 of 2009-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2010. JUDGMENT The petitioner in W.P.(C) No.36439/2009 is the driver of a vehicle bearing registration No.TN 72-AB 5798. The case of the petitioner is that on 8.12.2009 the Sub Inspector of Police, Kozhikode seized the vehicle alleging illicit transportation of river sand. It is the case of the petitioner that the sand was collected from the authorised dealers in Tamil Nadu, after collecting invoice and remitting tax at the concerned check post. 2. In W.P.(C) No.36518/2009 the petitioner is the driver of the vehicle bearing registration No.TN 76-E 4424. Similar action was taken against the said vehicle also on the same day. Seeking for various reliefs for getting release of the vehicles involved in the alleged transportation of river sand, the petitioners have filed these writ petitions. 3. Learned Govt. Pleader on instructions, submitted that the petitioners have got the remedy to approach the District Collector by filing appropriate representations seeking for release of the vehicles as an interim measure, as the District Collector is in seisin of the matter. wpc 36439 & 36518 /2009 2 4. If the petitioners file appropriate representations before the District Collector, viz. the second respondent, the District Collector will pass appropriate orders as enjoined by law, with regard to the release of the vehicles by way of an interim measure on such terms as he deems fit, with notice to the registered owner. This shall be done within a period of seven days from the date of receipt of the representation. 5. There will be a direction to the second respondent to finalise the proceedings under Act 18 of 2001, within a period of two months from the date of receipt of a copy of this judgment, with notice to the necessary parties and after considering their contentions on merits. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/