IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 12512 of 2010(L) -------------------------- PETITIONER(S): --------------- A.V.SHAFI, AGED 35 YEARS S/O.ABDUL RAHIMAN, CHEDIKUNNU HOUSE MARUTHADUKKAM, BEDAKAM VILLAGE,KUNDAMKUZHI VIA, CHENGALA, KASARAGOD. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KASARAGOD. 2. THE TAHSILDAR, KASARGOD. 3. THE STATION HOUSE OFFICER BEDAKAM POLICE STATION VIA CHENGALA, KASARAGOD DISTRICT. BY G.P. SHRI P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.12512 of 2010-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2010. JUDGMENT The petitioner herein is the registered owner of a tipper Lorry bearing registration No.KL-14-H3492, having a goods carriage permit. It is the case of the petitioner that on 5.3.2010, a Constable attached to the third respondent intercepted the vehicle and directed the driver of the vehicle to show the passes for transportation of sand. According to said Constable, when he asked the driver to stop the vehicle, the driver pushed the constable and drew the vehicle. A complaint was filed by the said Constable to the third respondent and a crime as Crime No.77/2010 of Bedakam Police Station was registered against the driver of the vehicle. Thereafter, the third respondent issued a notice to the petitioner to produce the vehicle. Ext.P5 is the said notice. Pursuant to the said notice, the petitioner produced the vehicle on 25.3.2010. The allegation raised is that the vehicle was involved in illegal transportation of river sand. The grievance of the petitioner is that the vehicle has not been released so far and it is now kept in the open air and if the same is allowed, the vehicle will get damaged. It is in these circumstances, this writ petition is filed wpc 12512/2010 2 seeking for a direction to the third respondent to release the vehicle. 2. Heard learned counsel for the petitioner and learned Govt. Pleader. 3. If the petitioner files an appropriate representation to the first respondent seeking interim custody of the vehicle, the first respondent will take a decision on the same within a period of seven days from the date of receipt of the representation, in the light of the well settled principles laid down by this Court in various decisions including Subramanyan v. State of Kerala (2009 (2) KLT 77) and on such terms and conditions. The matter will be considered in accordance with law. 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. (T.R. Ramachandran Nair, Judge.) kav/