IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 5867 of 2011(G) ------------------------- PETITIONER(S): ----------------------- KAMMU MUHAMMED, AGED 30 YEARS, S/O. MUHAMMED, VALIYAPEEDIYEKKAL HOUSE, CHERIYAMUNDAM.P.O, THIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.C.A.NAVAS SRI.SHIRAZ ABDULLA SRI.T.K.SASIKUMAR RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE, KALPAKANCHERY POLICE STATION, MALAPPURAM DISTRICT. 2. CIRCLE INSPECTOR OF POLICE, VALANCHERY, MALAPPURAM DISTRICT. 3. REVENUE DIVISONAL OFFICER, THIRUR, MALAPPURAM DISTRICT. 4. DISTRICT COLLECTOR, MALAPPURAM, MALAPPURAM DISTRICT. 5. THIRUNAVAYA GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY. GOVERNMENT PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb P.R.RAMACHANDRA MENON, J. ---------------------------------------- W.P.(C)No.5867 OF 2011 -------------------------------------------------- Dated this the 24th day of February, 2011 J U D G M E N T The grievance of the petitioner is that the vehicle bearing No.KL-55-A-9794, belonging to the petitioner was taken into custody by the 1st respondent on 29.01.2011, allegedly in connection with illegal transportation of river sand. 2. The learned counsel for the petitioner submits that the petitioner is innocent and he has absolutely no connection with the alleged offence, which made him to approach this Court for appropriate relief. 3. Heard the learned Government 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 third respondent, particularly with regard to the 'interim custody' as sought for. In the above circumstances, third respondent is directed to consider the claim for 'interim custody' of the vehicle and pass appropriate orders, in accordance with law, taking note of the observations made by W.P.(C).No. 5867 OF 2011 2 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 petitioner shall produce a copy of this judgment, along with a copy of the Writ Petition before the third respondent for taking further steps. Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dmb