IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 13786 of 2011(W) -------------------------- PETITIONER(S): --------------- KUNJUMON, PADINJAREMULAKKIL, AMBIKA MARKET P.O., VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.B.PRAMOD RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA. 2. THE STATION HOUSE OFFICER, MUHAMMA POLICE STATION, ALAPPUZHA DISTRICT. SENIOR GOVT. PLEADER ADV. SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.13786 OF 2011 -------------------------------------------------- Dated this the 23rd day of May 2011 JUDGMENT The grievance of the petitioner is that the country boat belonging to the petitioner was taken into custody by the 2nd respondent on 20/12/2010, 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 Govt. 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 first respondent, particularly with regard to the 'interim custody' as sought for. In the above circumstances, first respondent is directed to consider the claim for 'interim custody' of the country boat and pass appropriate orders, in accordance with law, taking note of the observations made by 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 W.P.(C) No.13786/2011 2 this judgment, along with a copy of the Writ Petition before the first respondent for taking further steps. Writ Petition is disposed of accordingly. Sd/- vdv P.R.RAMACHANDRA MENON, JUDGE //True Copy// P.A to Judge