IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 6956 of 2010(T) ------------------------------------ PETITIONER: ------------------- JOSE GEOEGE, AGED 33 YEARS, S/O. GEORGE, THUNDIL HOUSE, NADUVILAKKARA MURI, THEVALAKKARA VILLAGE, KARUNAGAPPALLY. BY ADV. MR.K.ABDUL JAWAD. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, KOLLAM. 2. SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, CHAVARA. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6956 of 2010-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2010. JUDGMENT The petitioner is the registered owner of a mini tipper lorry TATA 407, bearing registration No.KL-02 X 9163. He is engaged in supply of building materials to various customers on their instruction. The case of the petitioner is that on 13.1.2010 the vehicle of the petitioner was engaged to transport lawfully mined river sand from Mulakkal Kadavu in West Kallad Panchayat to Oachira, with a valid pass. The second respondent seized the vehicle alleging illegal transportation of river sand. Aggrieved by the seizure, the petitioner preferred a complaint before the superior police officers as well as the Home Minister. Thereafter, the petitioner filed petition before the first respondent for getting interim custody of the vehicle. Ext.P3 is the application filed by the petitioner before the first respondent. 2. The complaint of the petitioner is that the first respondent is not passing any orders on the petitioner's application. 3. Heard learned counsel for the petitioner and learned Govt. Pleader. There will be a direction to the first respondent to pass final orders on the wpc6956 /2010 2 proceedings pending against the petitioner under Act 18 of 2001, within a period of six weeks from the date of receipt of a copy of this judgment with notice to the petitioner and after considering the pleas raised by the petitioner, on merits. The petitioner is relying upon Ext.P1 pass issued by the West Kallada Panchayat and therefore he contends that the transportation of sand is not illegal. This aspect will be considered by the first respondent while passing orders. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/