IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 3265 of 2010(G) ------------------------- PETITIONER: --------------- MUHAMMED JAMSNEER, S/O.ABDUPPA, KANKALATH HOUSE, KOLATHUR DESOM, MOORKKANAD, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION THROUGH THE PUBLIC PROSECUTOR AT HIGH COURT OF KERALA. SENIOR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.3265 of 2010 -------------------------------------- Dated this the 1st day of February, 2010 JUDGMENT The petitioner is the owner and possessor of a Tipper Lorry bearing registration No.KL-10/V-2534. It is submitted that the vehicle has been seized by the second respondent on 30/01/2010 alleging illegal transportation of river sand. The petitioner contends that the vehicle was seized without sand and no independent witness has signed in the seizure mahazar. This writ petition is filed seeking for a direction to the respondents to release the vehicle. 2. If the petitioner moves an application for interim custody of the vehicle before the first respondent, there will be a direction to the 1st respondent District Collector to consider the application after verifying the documents produced by the petitioner. Orders regarding interim custody of the vehicle shall be passed within 7 days from the date of receipt of a copy of this judgment. It will be open to the 1st respondent to impose such conditions as he deems fit if the vehicle is released. W.P.(C)No.3265 of 2010 2 3. There will be a further direction to the District Collector to pass final orders on the proceedings within a period of two months after hearing the petitioner and after assessing various materials produced by him. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj