IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 4737 of 2010(N) ---------------------------------------- PETITIONER(S): ------------------------ C.ABDUL KAREEM, S/O.MUHAMMED, AGED 46 YEARS, RESIDING AT PANOLATH HOUSE, PATHAPIRIYAM.PO, MANJERI, MALAPPURAM. BY ADVS. MR.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESETNED BY SECRETARY TO GOVERNEMNT, MINISTRY OF FOREST AND ENVIRONMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM. 3. THE STATION HOUSE OFFICER, EDAVANNA POLICE STATION, EDAVANNA, MALAPPURAM. R1 TO R3 BY GOVERNEMNT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R.RAMACHANDRAN NAIR, J. ===================================== W.P(C) No.4737 of 2010 =========================================== Dated this the 15th day of February, 2010 ============================================ J U D G M E N T The petitioner is a registered owner of a Tipper Lorry bearing registration No. KL-10/AB-477. The vehicle is being plied as goods vehicle. On 4/2/2010, it was hired by Mr.V.Subair for transporting excavated land soil from his place of excavation to a place called Pathappiriyam. It is averred that the Mining and Geology Department had issued permit as per Ext.P2 and Ext.P3 is the copy of the license to said Subair. 2. The petitioner's vehicle was seized on 10/2/2010 and Ext.P4 is the copy of the Mahazar. According to the petitioner it was containing only ordinary sand and not river sand. Seeking for interim custody of the vehicle, the petitioner has filed this writ petition. 3. The petitioner is seeking for interim custody of the vehicle. If an application is filed seeking for such a relief, W.P(C) No.4737 of 2010 -2- the same will be considered and orders will be passed within 7 days from the date of receipt of a copy of the application. Appropriate final orders will be passed in respect of the proceedings taken against the vehicle, within a period of 2 months from the date of receipt of a copy of this judgment, after hearing the petitioner and other necessary parties, if any. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR JUDGE nl