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. 8245 of 2010(E) ------------------------------------- PETITIONER(S): ------------------------ PRATHEESH, S/O.JANARDHANAN, AGED 31 YEARS AVUNJIYIL HOUSE, AKALOOR, LAKKKIDI-PERUR PANCHAYAT, OTTAPPALAM TALUK, PALAKKAD DISTRICT. BY ADV. MR.RAJESH SIVARAMANKUTTY RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE DEPUTY SUPERINTENDENT OF POLICE, SHORNUR, PALAKKAD DISTRICT. R1 & R2 BY SR.GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.8245/2010-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 12th day of March, 2010 J U D G M E N T The petitioner herein is the owner and in possession of a goods carriage bearing Registration No.KL-51-7395. On 03/12/2009, the said vehicle was intercepted by the Sub Inspector of Police and was seized alleging illicit transportation of sand. It is the case of the petitioner that on the particular day, the said vehicle was parked on the road side loaded with loose sand and other building materials in connection with the repair works being carried out in the house of the petitioner. When the petitioner approached the second respondent for release of the vehicle, it was informed that the vehicle and the documents were forwarded to the first respondent for adjudication under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. 2. The petitioner made a request to the first respondent for interim custody of the vehicle in the light of the decision of this Court in Subramanian v. State of Kerala [2009 (1) KLT 77). Ext.P2 is the copy of the said request. Aggrieved by the delay in disposal of the said application, the petitioner has filed this writ petition. W.P.(C). No.8245/2010 -:2:- 3. Heard learned counsel for the petitioner and the learned Government Pleader. 4. 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 copy of this judgment, in the light of the well settled principles laid down by this Court in various decisions and, on such terms and conditions which he deems fit to impose. 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.) ms