IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 2206 of 2009(K) ------------------------- PETITIONER(S): --------------- 1. THE LORRY OWNERS ASSOCIATION, TRISSUR, REP. BY ITS PRESIDENT GIRIJAN, S/O.RAJAN, RESIDING AT KARUVANKAD, KUNDUKAD P.O THRISSUR. 2. MEJO M.G., S/O.GEORGE, MANGAN HOUSE, P.O.VELUTHOOR, PARAKKAD EAST, TRISSUR. 3. K.K.SURESH, S/O.KARUNAKARAN, KOOTTALA HOUSE, PERINGAVU, TRISSUR. 4. SIMSON THOMAS, S/O.THOMAS, KOLANOOR HOUSE, CHETTUPUZHA P.O. TRISSUR. 5. K.K.THILAKA DAS, S/O.KUNHIMON, KULANGARAYIL HOUSE, P.O.POOMALA, TRISSUR. 6. ANTO S/O.THOMAS, MEKKATTUKULAM, KUNDANOOR, WADAKKANCHERRY VIA, THRISSUR. 7. SUNIL, S/O.VIJAYAN, THYPARAMBATH HOUSE, P.O.AYYAPPANKAVU, MULAYAM, TRISSUR. 8. SUNIL KUMAR, S/O.THANKAPPAN, KUDUKKAKUNNEL VEEDU, MINALOOR P.O., KURANCHERRY, THRISSUR. 9. SABEESH, S/O.MADHAVAN, PANTHAIKKAL VEEDU, THANGALOOR, THRISSUR. 10. JIJO GEORGE, S/O.GEORGE, CHIRADAL HOUSE, VARAKKARA P.O., TRISSUR. 11. BABU N.K., S/O.KOCHUVAREETHU, NEENAKAVIL HOUSE, VELOOR, TRISSUR. /2/ 12. O.A.JOSE, S/O.O.L.ANTONY, OLAKKINGAL HOUSE, P.O.KIRALUR, VELOOR, WADAKKANCHERRY, TRISSUR. 13. C.K.SURESHKUMAR, S/O.P.K.KUTTAPPAN, CHAKKALAIKAL PARAMBIL HOUSE, MARTHIKKARA P.O., TRISSUR. BY ADV. SRI.H.BADARUDDIN SMT.AYSHA RAHMAN RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM, PALAKKAD. 2. THE ADDITIONAL TAHSILDAR, TALAPPILLY TALUK, TRISSUR. 3. THE SECRETARY (SPL.GRADE), VALLATHOL NAGAR GRAMA PANCHAYATH, CHERUTHURUTHY P.O., TRISSUR. 4. THE ASSISTANT GEOLOGIST (MINING AND GEOLOGY), OFFICE AT TRISSUR. 5. THE STATION HOUSE OFFICER, CHERUTHURUTHY, TRISSUR DISTRICT. 6. THE SUPERINTENDENT OF POLICE, PALAKKAD. 7. THE SUPERINTENDENT OF POLICE, TRISSUR. 8. THE DISTRICT COLLECTOR, PALAKKAD. 9. THE DISTRICT COLLECTOR, TRISSUR. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.2206 OF 2009 ------------------------ Dated this the 21th day of January, 2009. JUDGMENT Petitioners are the registered owners of the vehicles covered by Exts.P1 to P12. These vehicles have been detained by the respondents on the allegation that they are involved in the unauthorized transportation of the river sand. 2. In this writ petition, the petitioners seek release of these vehicles mainly contending that the seizure is totally unjustified for the reason that they were fully supported by the documents issued by the respondents, justifying transportation of river sand. 3. As at present, the final orders have not been passed and if interim custody is to be granted, in my view, it is for the 9th respondent to consider such a request. WP(c).No.2206/09 2 4. Accordingly, the writ petition is disposed of directing that it will be open to the petitioners to approach the 9th respondent seeking interim custody of the vehicles referred to above. It is ordered that in the event of the petitioners filing such an application, the 9th respondent shall consider the same and pass orders thereon. 5. This shall be done as expeditiously as possible and at any rate within 10 days from the date of receipt of a copy of the application along with a coy of this judgment. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.2206/09 3