IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 2501 of 2010(K) ------------------------- PETITIONER(S): --------------- SALIM, AGED 30 YEARS, S/O.MOHAMMED KUTTY, VATTIKKATTIL HOUSE, PERINTHALLUR.P.O, TIRUR, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.M.R.VIBIN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, TIRUR. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2501/2010-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of January, 2010 J U D G M E N T The petitioner herein is the registered owner and in possession of a mini Lorry bearing Registration No.KL-10-B- 7423. It is the case of the petitioner that the said vehicle was used by the petitioner for transportation of construction materials including sand from one work-site to another. It is submitted that the said vehicle is the only means of livelihood of the petitioner as well as his family. 2. On 21/01/2010, the second respondent intercepted and seized the said vehicle alleging illegal transportation of river sand. The petitioner made a request to the first respondent for interim custody of the vehicle. Ext.P3 is the said request. Aggrieved by the delay in disposal of Ext.P3 application, the petitioner has filed this writ petition. 3. Heard learned counsel for the petitioner and the learned Government Pleader. 4. The first 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 W.P.(C). No.2501/2010 -:2:- assessing various materials and on such terms and conditions which he deems fit to impose. Therefore, there will be a direction to the first respondent to take a decision on Ext.P3, in accordance with law, within a period of seven days from the date of receipt of a copy of this Judgment. There will be a further direction to the first respondent to pass final orders 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 the petitioner, on merits. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms