IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 21882 of 2010(I) -------------------------- PETITIONER(S): --------------- JOSE RAJAPPAN, S/O. RAJAPPAN GEEVARGHESE RANNIPPARAMBIL HOUSE, PARUMALA.P.O. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE,PULIKEEZHU. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 21882 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th day of July, 2010. J U D G M E N T Petitioner's country boats have been seized on allegations of user of the same for illegal transportation of river sand. The petitioner seeks interim custody of the boats. 2. When it was pointed out to the petitioner that there are two Division Bench decisions regarding the conditions to be imposed for giving interim custody and the matter is now being consideration by the Full Bench, counsel for the petitioner submits that the petitioner is prepared to comply with the conditions in the decision of District Collector, Malappuram v. Abdul Kasim (2010 (1) KLT SN 31 (Case.No.38). The learned Government Pleader points out that now there is a change in the legislation and therefore the authority to consider the matter in the first instance is the Revenue Divisional Officer and not the District Collector. 3. Having heard both sides, I dispose of this writ petition with the following directions: The competent authority empowered to release the vehicle shall get the value of the country boats assessed within a week and intimate the same to the petitioner within another week. The petitioner shall pay 50% of the value so assessed and execute a bond undertaking to pay the balance also, if the final order passed is against the petitioner. On complying with the above conditions, the country boats shall be released to the petitioner by the competent authority. The petitioner shall not alienate or otherwise part with W.P.C. No. 21882/2010. -: 2 :- possession of the country boats. He shall keep the boats in good condition and shall produce the same before the competent authority as and when so directed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.