IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 13104 of 2010(K) -------------------------- PETITIONER(S): --------------- PRAJOSH,AGED 32 YEARS,S/O.MURALEEDHARAN, PRATHEESH BHAVAN,MYNAGAPPALLY,KUNNATHOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI.C.S.MANU RESPONDENT(S): --------------- 1. STATE OF KERALA RERPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA,DEPARTMENT OF REVENUE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR,KOLLAM. 3. TAHSILDAR,KUNNATHOOR TALUK, KOLLAM DISTRICT. BY G.P. SHRI P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 13104 of 2010-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2010. JUDGMENT The petitioner is the registered owner of the goods carriage bearing registration No.KL-07-C-2397. The case of the petitioner is that the third respondent seized the vehicle on 11.2.2010 on the allegation that the vehicle was used for transportation of river sand from the Pallickal river in violation of the provisions of the Kerala Protetion of River Banks and Regulation of Removal of Sand Act. Ext.P2 is the copy of the mahazar prepared by the Special Squad of Kunnathoor Taluk. The petitioner submits that he has not committed any illegal transportation of river sand and the vehicle is not liable to be confiscated. In the above circumstances, the petitioner approached the District Collector, Kollam for release of the vehicle. But the second respondent has not taken any action on the same and so far no notice has also been issued to him by any of the respondents. This writ petition is filed seeking for a direction to the respondents to release the vehicle by way of an interim measure. 2. Heard learned counsel for the petitioner and learned Govt. Pleader. There will be a direction to the second respondent to take a decision on the wpc 13104/2010 2 request of the petitioner for interim custody of the vehicle, within a period of seven days from the date of production of a copy of this judgment, in the light of the well settled principles laid down by this Court in various decisions including Subramanyan v. State of Kerala (2009 (2) KLT 77) and on such terms and conditions. The matter will be considered in accordance with law. There will be a further direction to the second respondent to pass final orders within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and after considering the pleas raised by the petitioner, on merits. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/