IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 1320 of 2010(L) ------------------------- PETITIONER(S): --------------- RAJEEV @ KANNAN,SON OF SIVAN,AGED 29 YEARS,RESIDING AT VADAKKEDATH HOUSE,ANAPPUZHA(P.O) PALIYAMTHURUTH KARA, METHALA VILLAGE,KODUNGALLUR TALUK,THRISSUE DISTRICT(REGISTERED OWNER OF A MINI LORRY BEARING REGISTRATION NO.KL-07-N-9745). BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION,THRISSUR DISTRICT. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1320/2010-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of January, 2010 J U D G M E N T The learned counsel for the petitioner submits that the petitioner herein is the registered owner of a lorry bearing Registration No.KL-07-N-9745. It is further submitted that on 11/01/2010, the said vehicle was intercepted by the Sub Inspector of Police and seized alleging illicit transportation of river sand. It is the case of the petitioner that the vehicle was being used for transporting sand with valid pass. The petitioner has sought for a direction to the respondents to grant interim custody of the vehicle, as per Ext.P1 application. 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 v. State of Kerala [2009 (1) KLT 77), after assessing various materials and on such conditions which he deems fit to impose. Therefore, there will be direction to the first respondent to take a decision on Ext.P1 with notice to the petitioner 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 respondent to pass final orders in respect of the proceedings, if any, initiated W.P.(C). No.1320/2010 -:2:- under the Kerala Protection of River Banks and Regulation of Removal of Sand Act also within a period of two months from the date of receipt of a copy of this Judgment after hearing necessary parties. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms