IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 1773 of 2010(V) ------------------------------- PETITIONER: -------------- V.S.PRASAD, S/O V.V.SREEDHARAN, AGED 43 YEARS, BLOCK NO.2 DO, STAR APARTMENT, THRIPPUNITHRA P.O., NADAMA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT(OWNER OF A LORRY BEARING REGISTRATION NO.KL-39-5004) BY MR.P.M.ZIRAJ, ADVOCATE. RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE CIRCLE INSPECTOR OF POLICE, VAIKOM POLICE STATION, KOTTAYAM DISTRICT. BY MR.P.N.SANTHOSH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.1773 OF 2010 --------------------------------------- Dated this the 19th day of January, 2010. J U D G M E N T The petitioner herein is the registered owner of a Mini Lorry bearing registration No.KL-39-5004 with a valid route permit. The above vehicle was seized by the 2nd respondent on 15.01.2010 on the allegation of illegal transportation of river sand. 2. The petitioner seeks for a direction to the District Collector to take steps to test the sample of the sand by the Geologist. Apart from the same, the petitioner is also seeking for interim custody of the vehicle till the proceedings are finalised. The District Collector is having ample powers to consider the prayer for release of the vehicle as an interim measure. Therefore, there will be a direction to the District Collector to consider Exhibit P2 application and pass appropriate orders with regard to the claim for interim custody of the vehicle on such terms as he deems fit to impose within a period of seven W.P.(C) No.1773/2010 2 days from the date of production of a copy of this judgment. Regarding the question whether the testing of the sample of the sand is required or not, the 1st respondent will take appropriate decision, after hearing the petitioner, expeditiously. The final order under the Act will be passed after hearing the petitioner within a period of two months from the date of production of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp