IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 WP(C).No. 11850 of 2011(E) -------------------------- PETITIONER(S): --------------- PRASAD.P, S/O.DAMODHARAN NAIR, AGED 32 YEARS,PUTHIYOTTIL HOUSE, MUCHUKUNNU, KOYILANDI,KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE 673 001. 2. THE SUB INSPECTOR OF POLICE, PAYYOLI POLICE STATION,KOZHIKODE DISTRICT 673 523. GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ----------------------------------------------------- W.P (C) No.11850 OF 2011 ---------------------------------------- Dated, this the 11th day of April, 2011 JUDGMENT The issue involved in this case is with regard to the granting of interim custody of petitioner's goods carriage vehicle bearing No. KL -56/4267, which was seized by the second respondent on 7.4.2011, alleging illegal transportation of 'river sand'. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, this Court finds that, this is a matter to be dealt with by the competent authority at the first instance, as stipulated by virtue of the amended provisions of law brought about vide Ordinance No. 38 of 2010 w.e.f. 14.06.2010. Accordingly, the first respondent is directed to consider and pass appropriate orders with regard to the interim custody of the vehicle, in accordance with law, taking note of the observations made by the Full Bench of this Court in Shan C.T. W.P.(C).11850/11 2 Vs. State of Kerala (2010 (3) KHC 333), as expeditiously as possible, at any rate, within 7 days from the date of receipt of a copy of this judgment. 4. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for further steps. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, Judge mrcs W.P.(C).11850/11 3