IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 421 of 2010(C) ------------------------ PETITIONER(S): --------------- SARAFUNNEESA, W/O.HANEEFA, AGED 31 YEARS, EDAPARAMBIL VEETTIL, P.O.KUDALLUR, OTTAPALAM TALUK. BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, PALAKKAD. 2. THE CIRCLE INSPECTOR OF POLICE, PATTAMBI. BY GOVT. PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ------------------------- W.P ( C) No.421 of 2010 -------------------------- Dated this the 7th January, 2010 J U D G M E N T Petitioner herein is the owner of a mini lorry bearing Reg.No.KL-09-T-6525. The vehicle was intercepted and seized by the 2nd respondent on 29.10.2009 alleging illegal transportation of river sand. Now the proceedings are pending under the Kerala Protection of River Banks and Regulation of Removal of Sand Act before the 1st respondent. 2. Petitioner is relying upon Ext.P2 pass issued by the Anakkara Grama Panchayat. Petitioner has filed Ext.P3 application seeking interim custody of the vehicle. The same is dated 28.12.2009. All that the petitioner seeks is for a direction to the 1st respondent to take a decision on Ext.P3. 3. In the light of the decision of this Court in Subramanian Vs. State of Kerala [2009 (1) KLT 77), the 1st respondent is empowered to consider the grant of interim custody of the vehicle after assessing various materials and in terms of the terms and conditions which he may W.P ( C) No.421 of 2010 2 deem fit to impose. 4. There will be a direction to the 1st respondent to take a decision on Ext.P3 within a period of 7 days from the date of receipt of a copy of this judgment. Proceedings, if any, initiated under Act 18 of 2001 Act will also be finalised within a period of two months from the date of receipt of a copy of this judgment, after hearing necessary parties. Writ petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.421 of 2010 3 W.P ( C) No.421 of 2010 4