IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 805 of 2010(A) PETITIONER(S): BALAN, S/O. KUMARAN, AGED 52 YEARS, KUDIYIL HOUSE, OKKAL P.O., CHELAMATTOM VILLAGE, KUNNATHUNAD TALUK ERNAKULAM DISTRICT. (REGISTERED OWNER OF A MINI LORRY BEARING REG.NO. KL-07 N 3227) BY ADV. MR.P.M.ZIRAJ RESPONDENT(S): 1. THE DISTRICT COLLECTOR, ERNAKULAM 2. THE SUB-INSPECTOR OF POLICE, KODANADU POLICE STATION,M ERNAKULAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J ================== W.P(C) No.805 of 2010 ================== Dated this the 11th day of January, 2010 J U D G M E N T The petitioner herein is a registered owner of a 1986 model lorry bearing Registration No. KL-07/N 3227. The vehicle was seized by the second respondent on 14/12/2009, alleging transportation of river sand without valid permit. The petitioner is relying upon Ext.P1 copy of the pass to transport the sand and to show that transport of sand was not illegal. The second respondent has already reported the same to the first respondent. The petitioner, as per Ext.P2 representation is seeking for the release of the vehicle as an interim measure. 2. There will be a direction to the first respondent to take a decision on Ext.P2, within a period of 7 days from the date of copy of this Judgment, in accordance with the -2- principles stated by this court in Subramanian v. State of Kerala (2009 (1) KLT 77). 3. The first respondent will consider the materials produced by the petitioner and he will be free to impose any conditions as he deems fit, if the lorry is ordered to be released to the petitioner. 4. There will be a direction to the first respondent to pass final orders in the matter, after notice to the petitioner and after considering the various pleas raised by the petitioner within a period of 2 months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR JUDGE nl