IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 26117 of 2010(L) -------------------------- PETITIONER(S): --------------- V.SHAJI, S/O.VASUDEVAN, AGED 38 YEARS, `RESMI NIVAS', MANCHALLOOR, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE REVENUE DIVISIONAL OFFICER, KOLLAM. 3. SUB INSPECTOR OF POLICE, PATHANAPURAM. GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.26117 of 2010 ================== Dated this the 18th day of August, 2010 J U D G M E N T The vehicle belonging to the petitioner was seized on allegations of illegal transportation of river sand. The petitioner approached this Court for interim custody of the vehicle, in which, Ext.P2 order has been passed, whereby, the petitioner was given interim custody on condition that the petitioner pays 50% of the value assessed for the vehicle and executes bond for the balance. The petitioner challenges the same on the ground that the conditions stipulated therein are not in accordance with the Full Bench Bench decision in Shan C.T. v. State of Kerala & Others, 2010 (3) KHC 333. 2. I have heard th learned Government Pleader also. 3. The conditions for grant of interim custody of the vehicles seized under the Kerala Protection of River Banks and Regulation of Removal of Sand Act have been laid down by the above-said Full Bench decision. Certainly the conditions in Ext.P2 are not in accordance with that judgment. Accordingly, Ext.P2 is quashed. The appropriate authority under the Act, as now amended, shall pass fresh orders on the application for interim custody of the vehicle in accordance with the above-said Full Bench decision within two weeks from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2