IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 860 of 2010(F) ------------------------ PETITIONER: --------------- ABDU RAFI, CHEVIDIKUNNAN HOUSE, EDAPPATTA.P.O., MELATTUR, MALAPPURAM DISTRICT. BY ADV. MR.DEVIDAS.U.K RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, MELATTUR POLICE STATION THROUGH THE PUBLIC PROSECUTOR AT HIGH COURT OF KERALA. BY MR. P. NARAYANAN, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON 11/01/2010 DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 860 of 2010-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of January, 2010. JUDGMENT The petitioner herein is the registered owner of a Goods Autorikshaw bearing registration No.KL-53-2935. On 27.12.2009, the second respondent seized the vehicle of the petitioner alleging illegal transportation of river sand and the vehicle was given to the custody of the first respondent. It is the contention of the petitioner that the vehicle is lying in the compound of the Melattur Police Station. The respondents neither produced the same before the Magistrate's Court concerned nor before the Revenue Divisional Officer. In the above circumstances, the petitioner has sought for a direction from the first respondent for interim custody of the vehicle, but the first respondent was not inclined to allow the interim custody. Aggrieved by the same, 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 regarding the release of vehicle as an interim measure, within a period of seven days from the date of production of a copy of this judgment, in the light of the wpc 860/2010 2 well settled principles laid down by this Court in various decisions 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/