IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 37284 of 2009(E) -------------------------------------- PETITIONER: ------------------- T.MANAF, S/O.T.HASSAN, 2/353A, NALUPATTIL HOUSE, ATHALOOR (P.O), THAVANUR, PONNANI, MALAPPURAM DISTRICT. BY ADV. MR.JOBI JOSE KONDODY. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, PONNANI, MALAPPURAM DISTRICT. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.37284 of 2009-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2010. JUDGMENT The petitioner is the owner of a vehicle bearing Registration No.KL- 40-945. The said vehicle was seized by the second respondent on 17.12.2009 alleging violation of the provisions of Act 18 of 2001, while transporting river sand. The petitioner submits that the action taken by the second respondent is illegal. It is the case of the petitioner that the load was covered by valid pass issued by the Ponnani Municipality. 2. The main prayer in the writ petition is for a direction to release the vehicle by way of an interim measure, in the light of the decision of this Court in Subramanyan v. State of Kerala (2009 (1) KLT 77). 3. If the petitioner makes an application before the first respondent, the same will be considered in accordance with law within a period of seven days of filing of the said application, after considering various aspects. It is also open to the first respondent to pass final orders in the proceedings under the Act and at any rate, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) 2 kav/