IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 8302 of 2010(K) -------------------------------------- PETITIONER(S): ----------------------- R.V.BAVA, S/O.BAPPUTTY HAJI, R.V.MANZIL, PONNANI P.O., PONNANI AMSOM, VELLERI DESOM, MALAPPURAM DISTRICT. BY ADV. MR.AVM.SALAHUDDEEN RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE DEPUTY TAHSILDAR, TALUK OFFICE, PONNANI. R1 & R2 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8302 of 2010-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2010. JUDGMENT The petitioner is a transporting contractor. He used to hire vehicles for long terms on the basis of agreements with the owners of the public service vehicles for the purpose of carrying on the business of goods transports. A Mini goods Vehicle bearing registration No.KL 09 K 4144 is one such vehicle which is entrusted with the petitioner. 2. It is submitted that on 23.2.2010 the above vehicle was seized by the second respondent alleging illegal transportation of river sand in violation of the provisions of Act 18 of 2001. The petitioner submits that he has not violated any of the provisions of the Act or Rules. It is further submitted that the vehicle was engaged in the transport of river sand with a valid pass issued by the Secretary of the Municipality. Ext.P3 is the pass issued by the Ponnani Municipality. It is the case of the petitioner that he has approached the District Collector requesting to release the vehicle by way of interim custody, but the second respondent has not passed any fina orders. Aggrieved by the inaction on the part of the first respondent, this writ petition is filed for a direction to the respondents to release the vehicle wpc 8302/2010 2 by way of interim custody. 3. Heard learned counsel for the petitioner and learned Govt. Pleader. There will be a direction to the first respondent to take a decision on the petitioner's application for interim custody of the vehicle 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 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 the registered owner and after considering the pleas raised by the petitioner, on merits. While passing orders, Ext.P3 pass issued by the Grama Panchayat will also be considered. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/