IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 18569 of 2010(U) ---------------------------------- PETITIONER(S): --------------- R.K.MUHAMMED, S/O ABDU MUSLIAR, AGED 56 YEARS, RARANKANDATH HOUSE, KALADY, NADAKKAVU, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT. MR. P.N. SANTHOSH – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.18569 OF 2010 ------------------------------- Dated this the 15th day of JUNE, 2010 J U D G M E N T The petitioner challenges Ext.P6 order passed by the District Collector, Malappuram giving interim custody of the vehicle seized from the petitioner on allegations of illegal transportation of river sand. The petitioner's contention is that the conditions in Ext.P6 are too harsh on the petitioner. According to him, the consignment was supported by valid documents and therefore, the seizure itself is illegal and unsustainable. 2. I have heard the learned Government Pleader also. 3. I have considered the rival contentions in detail. A Division Bench of this Court in the decision in District Collector, Malappuram V. Abdul Kasim [2010(1)KLT SN 31 Case No.38] has laid down the conditions for giving interim custody of a vehicle seized on allegations of illegal transportation of river sand. From Ext.P6, I find that the same is not strictly in accordance with the said Division Bench decision. W.P.(c)No.18569/10 2 Accordingly, this writ petition is disposed of with a direction to the District Collector to give interim custody of the vehicle to the petitioner strictly in terms of the conditions laid down in the above said Division Bench decision. S. SIRI JAGAN, JUDGE acd W.P.(c)No.18569/10 3