IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 14940 of 2011(N) -------------------------- PETITIONER: --------------- HUSSAINAR, S/O.ABBAS, ERASSAN VEETTIL HOUSE, TRIPPANGOD P.O., MALAPPURAM DISTRICT. BY ADV. MR. T.G.RAJENDRAN RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, KOLATHOOR-676 506. 2. STATE OF KERALA, REP.BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER MR. P. N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 14940 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd June , 2011 JUDGMENT The issue involved in this case is with regard to the granting of interim custody of petitioner's tipper lorry bearing No. KL 8 W 728, which was seized by the first respondent on 16.08.2010, as per Ext. P2, alleging illegal transportation of 'river sand'. 2. Heard the learned Government Pleader as well. Considering the facts circumstances, this Court finds that, this is a matter to be dealt with by the competent authority at the first instance, as stipulated by virtue of the amended provisions of law brought about vide Ordinance No. 38 of 2010 w.e.f. 14.06.2010. Accordingly, the first respondent is directed to transmit the records to the competent authority (concerned RDO) forthwith; who in turn shall consider and pass appropriate orders with regard to the 'interim custody' of the vehicle and 'final orders', in accordance with law, taking note of the observations made by the Full Bench of this Court in Shan C.T. Vs. State of Kerala (2010 (3) KHC 333), as expeditiously as possible, at any rate, within '7 days' and 'two months' respectively, from the date of receipt of a copy of this judgment. W.P. (C) No. 14940 of 2011 : 2 : Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for further steps. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd