IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 7015 of 2010(B) ------------------------------------ PETITIONER(S): ------------------------- ANIL KUMAR, S/O. SUKUMARAN, DERBAYIL, PADANAD, CHENGANOOR, ALAPPUZHA. BY ADVS. MR.C.K.THANU PILLAI MR.T.K.SHAIJ RAJ MR.K.P.JOY RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT. 2. THE SUB INSPECTOR OF POLICE, CHENGANOOR POLICE STATION, ALAPPUZHA. R1 & R2 BY GOVT. PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7015 of 2010-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2010. JUDGMENT The petitioner herein is the registered owner of a goods carriage bearing registration No.KL.7.E-3312. It is the case of the petitioner that when the vehicle was engaged in removing construction materials including sand from one work-site of Mr. Shaiju to another place, the second respondent intercepted the vehicle and seized the same alleging illegal transportation of river sand under Act 18 of 2001. The petitioner approached the first respondent for release the above vehicle by way of interim custody, in the light of the decision of this Court in Subramanian v. State of Kerala (2009 (1) KLT 77). Ext.P1 is the application submitted by the petitioner before the first respondent. It is further submitted that the first respondent issued a notice to the petitioner directing him to appear on 20.11.2009. He appeared on that day, but there was no hearing. Aggrieved by the delay in passing orders on Ext.P1, this writ petition is filed. 2. Heard learned counsel for the petitioner and learned Govt. Pleader. There will be a direction to the first respondent to take a decision on Ext.P2 within a period of seven days from the date of production of a wpc 7015/2010 2 copy of this judgment, in the light of the well settled principles laid down by this Court in various decisions including Subramanyan's case (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 after considering the pleas raised by the petitioner, on merits. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/