IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 5118 of 2010(L) -------------------------------------- PETITIONER(S): ------------------------ ANWAR MUNEER, S/O. MOHAMMED. P., AGED 25 YEARS, KOOPPANCHALAYIL HOUSE, PANNIPPARA, EDAVANNA, MALAPPURAM. BY ADV. MR.P.M.HABEEB RESPONDENT(S): --------------------------- 1. DISTRICT COLLECTOR, MALAPPURAM. 2. SUB INSPECTOR OF POLICE, AREEKODE POLICE STATION. R1 & R2 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.5118 OF 2010 --------------------------------------- Dated this the 17th day of February, 2010. J U D G M E N T The petitioner is the driver who was in possession of the Mini Lorry bearing registration No.KL-8-H-8953. The registered owner of the vehicle is in Gulf in connection with his employment and the vehicle is entrusted to the petitioner and he is operating the same. It is submitted that the above vehicle was seized by the 2nd respondent on 08.02.2010 alleging illegal transportation of river sand. The petitioner contends that he never used the vehicle for any illegal purposes and there was no sand in his vehicle at the time of seizure. 2. The prayer in the writ petition is for a direction to the 1st respondent to release the vehicle bearing Registration No. KL-8-H-8953 to the petitioner. If the petitioner moves the 1st respondent with an application to release the vehicle by way of interim custody, the same will be considered and appropriate orders shall be passed W.P.(C) No.5118/2010 2 within a period of seven days from the date of production of a copy of this judgment, in the light of the well settled principles laid down by this Court in various decisions and on such terms and conditions. The matter will be considered in accordance with law. There will be a further direction to the 1st 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. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp