IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 6806 of 2010(A) -------------------------------------- PETITIONER(S): ------------------------- KUJAPPA, AGED 58 YEARS, S/O.HASSAN, KINATTINGAPARAMBIL HOUSE, THRIPPANGODU P.O., TIRUR, MALAPPURAM. BY ADVS.MR.C.V.MANUVILSAN MR.P.G.SURESH SMT.K.VIDYA MR.M.R.VIBIN RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, KALPAKANCHERY. 3. THRIPANGODU GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MALAPPURAM DISTRICT. R1 & R2 BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6806/2010-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of March, 2010 J U D G M E N T The petitioner herein is a paralysed person and an agreement owner of a TATA 407 mini lorry bearing Registration No.KL-09-D-1242. On 22/02/2010, the second respondent intercepted and seized the vehicle of the petitioner alleging illegal transportation of river sand. It is the case of the petitioner that sand was transported with a valid pass. Ext.P3 is the copy of the said permit issued by the competent authority. It is further submitted that the said vehicle is the only means of livelihood of the petitioner. 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.P4 is the copy of the said request. Aggrieved by the delay in disposal of the application, the petitioner has filed this writ petition. 3. Heard learned counsel for the petitioner and learned Government Pleader. 4. There will be a direction to the first respondent to take a decision on Ext.P4 within a period of seven days from the date of production of a copy of this judgment, in W.P.(C). No.6806/2010 -:2:- 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 in 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 with notice to the petitioner and the registered owner and after considering the pleas raised by them, on merits. 5. Since the petitioner is relying upon Ext.P3, a copy of the permission issued by the competent authority to transport river sand, the same will also be verified by the District Collector while considering the application for interim custody. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms