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. 1256 of 2010(F) ----------------------------------------- PETITIONER(S): ------------------------- BASHEER P., AGED 39 YEARS, S/O.MAMMU RESIDING AT PARAKANDY HOUSE, CHEKKIKULAM P.O., THANDAPURAM, THALIPARAMBA, KANNUR DISTRICT. BY ADV. MR.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE SUB INSPECTOR OF POLICE, VALAPATTANOM, KANNUR. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1256/2010-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of January, 2010 J U D G M E N T The petitioner herein is the agreement owner of a mini lorry bearing Registration No.KL-13-N-8313. On 16/12/2009, the said vehicle was intercepted by the Sub Inspector of Police and seized alleging illicit transportation of sand. It is the case of the petitioner that the vehicle was being used for transporting sand as per Ext.P3 pass. The petitioner has sought for a direction to the respondents to grant interim custody of the vehicle. 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, if the petitioner files an application before the first respondent for interim custody of the vehicle along with a copy of this Judgment, the same will be considered and appropriate decision will be taken with notice to the petitioner and the registered owner of the vehicle 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 W.P.(C). No.1256/2010 -:2:- respect of the proceedings, if any, initiated 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