IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 9103 of 2011(K) ------------------------------------- PETITIONERS: --------------------- 1. ABDUL RASHEED, S/O.AHAMMADKUTTY, AGED 48 YEARS, PALIKARAPOTTAMMAL HOUSE, PERUMANNA POST, KOZHIKODE DISTRICT. 2. ASSAIN, S/O.MOHAMMED, CHOLAKKARA, CHERUVAYOOR POST, VAZHAKKAD VIA., MALAPPURAM DISTRICT. BY ADVS. SRI.K.P.SUDHEER, SMT.M.SINDHU THANKAM. RESPONDENTS: ------------------------ 1. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA-679 322, MALAPPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION, VAZHAKKAD-673 640, MALAPPURAM DISTRICT. BY SR. GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.9103 OF 2011 -------------------------------- Dated this the 23rd day of March 2011 JUDGMENT The grievance of the petitioners is that the country boats bearing Nos.KDR-12 and KDR-16, belonging to them were taken into custody by the 2nd respondent on 08/02/2011, allegedly in connection with illegal transportation of river sand. 2. The learned counsel for the petitioners submits that the petitioners are innocent and they have absolutely no connection with the alleged offence, which made them to approach this Court for appropriate relief. 3. Heard the learned Govt. Pleader as well. 4. Taking note of the submissions made from both the sides, this Court finds that the matter requires to be considered at the first instance, by the 1st respondent, particularly with regard to the 'interim custody' as sought for. In the above circumstances, 1st respondent is directed to consider the claim for 'interim custody' of the concerned country boats and pass appropriate orders on Exts.P5 and P6 applications, in accordance with law, taking note of the observations made by the Full Bench of this Court in “Shan C.T. V State of Kerala and Others” (2010(3) KHC 333), as expeditiously as possible; at any rate within 'one week' from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment, along with a copy of the Writ Petition before the 1st respondent for taking further steps. Writ Petition is disposed of accordingly. vdv P.R.RAMACHANDRA MENON, JUDGE