IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 6800 of 2010(Y) ------------------------------------- PETITIONER: ------------------- N.V.MOHANAN, S/O.VELAYUDHAN, NEELIYATTIL HOUSE, P.O.NAMBAZHIKKADU, KANDANNISSERY, THRISSUR DISTRICT. BY ADV. MR.M.B.PRAJITH. RESPONDENTS: ------------------------ 1. THE S.I.OF POLICE, PAVARATTY POLICE STATION (CRIME NO.358 OF 2009) PAVARATTY, THRISSUR. 2. THE DISTRICT COLLECTOR, THRISSUR. R1 & R2 BY SR. GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6800/2010-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of March, 2010 J U D G M E N T This writ petition is filed seeking for a direction to the second respondent-District Collector to consider and pass appropriate orders on the hearing conducted pursuant to Ext.P1 notice within a time frame. 2. The petitioner herein is the registered owner and in possession of a mini lorry bearing Registration No.KL- 08-AF-8060. On 11/08/2009, the said vehicle was intercepted by the Sub Inspector of Police and was seized alleging illicit transportation of river sand. Subsequently, the matter was reported to the District Collector by the first respondent and adjudication proceedings were initiated. It is submitted by the learned counsel for the petitioner that hearing was conducted on 23/09/2009 as per Ext.P1 notice and documents mentioned therein were also produced. Since no action has been taken thereafter to pass an order by way of interim custody of the vehicle the petitioner has filed this writ petition seeking for a direction to the respondents to release the above vehicle to the petitioner. 3. Heard learned counsel for the petitioner and the learned Government Pleader. W.P.(C). No.6800/2010 -:2:- 4. The second respondent is conferred with the power to consider the release of the vehicle by way of an interim measure in the light of the decision of this Court in Subramanian v. State of Kerala [2009 (1) KLT 77), after assessing various materials and on such conditions which he deems fit to impose. 5. It is clear that proceedings have not attained a finality so far. Therefore, the second respondent will pass appropriate orders with regard to the interim custody of the vehicle within a period of seven days from the date of receipt of a copy of this Judgment and in the light of the well settled principles laid down by this Court in various decisions and, on such terms and conditions which he deems fit to impose. The matter will be considered in accordance with law. There will be a further direction to the second respondent to pass final orders in respect of the proceedings initiated under the Act also 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 him, on merits. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms