IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 8758 of 2010(T) ------------------------------------ PETITIONER: ------------------- UNNIKRISHNAN, AGED 32 YEARS, S/O. RAMAN, 6/49, CHERUPARAMBATH HOUSE, VEMBALATHUPADAM, SHORANUR, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADVS.MR.SANTHEEP ANKARATH, MR.V.C.MADHAVANKUTTY. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, PALAKKAD. 2. THE DY.S.P.OF POLICE, SHORANUR, PALAKKAD DISTRICT. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.8758/2010-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of March, 2010 J U D G M E N T The petitioner herein is the registered owner and in possession of a goods carriage bearing Registration No.KL- 08-E-4768. On 06/11/2009, the said vehicle was intercepted by the Deputy Superintendent of Police and was seized alleging illicit transportation of river sand. It is the case of the petitioner that the said vehicle was used for transportation of sand with a valid permit. 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. 3. Heard learned counsel for the petitioner and the learned Government Pleader. 4. It is submitted by the learned counsel for the petitioner that the above vehicle is kept open space exposed to sun and rain and the same will cause damage to the vehicle as well as irreparable loss and damage to the petitioner. It is also submitted that the petitioner and W.P.(C). No.8758/2010 -:2:- his family are depending on the income from the said vehicle. 5. 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