IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 5921 of 2010(M) ------------------------- PETITIONER(S): --------------- ABDUL KHADER, S/O.ABDURAHIMANKUTTY HAJI, AGED 40 YEARS, 1/52,NARAKKARATH HOUSE, KODUVALLY P.O., KOZHIKKODE DISTRICT. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, CALICUT. 2. SUB INSEPCTOR OF POLICE, MUKKOM POLICE STATION, KOZHIKKODE. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------ W.P.(C)No.5921 of 2010 ------------------------------------------ Dated this the 23rd day of February, 2010 JUDGMENT The petitioner herein is the registered owner of a MGV Tipper bearing registration No.KL-57/B-552. It is submitted that the vehicle has been seized by the second respondent on 17/02/2010 alleging illegal transportation of river sand. A crime was accordingly registered by the police. The petitioner has filed this writ petition seeking for a direction to the respondents to release the above vehicle to the petitioner. 2. The 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 Vs. State of Kerala (2009 (1)KLT 77), after assessing various materials and on such conditions which he deems fit to impose. 3. Therefore, if the petitioner moves an application for interim custody of the vehicle before the first respondent, there will be a direction to the 1st respondent District Collector to consider the application after verifying the documents produced by the petitioner. Orders regarding interim custody of the vehicle shall be passed within 7 days from the date of receipt of a W.P.(C)No.5921 of 2010 2 copy of this judgment. It will be open to the 1st respondent to impose such conditions as he deems fit if the vehicle is released. 4. There will be a further direction to the District Collector to pass final orders on the proceedings within a period of two months after hearing the petitioner and after assessing various materials produced by him. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj