IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 444 of 2010(E) ------------------------ PETITIONER(S): --------------- SAINUDHEEN, S/O.JAMEELA, VAYANADAN HOUSE, OLD LAKKIDI, AKALUR POST, OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD. 2. DY.SUPERINTENDENT OF POLICE, SHORANUR. BY GOVT. PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ------------------------- W.P ( C) No. 444 of 2010 -------------------------- Dated this the 7th January, 2010 J U D G M E N T Petitioner herein is the owner of a Mahindra Jeep bearing Reg.No.KEZ.833. Alleging illegal transportation of river sand, the petitioner's vehicle was seized on 26.12.2009. Petitioner seeks for a direction to the 1st respondent to release the vehicle by way of interim custody in the light of the decision reported in Subramanian Vs. State of Kerala [2009 (1) KLT 77). Petitioner has submitted Ext.P2 application before the 1st respondent seeking interim custody of the vehicle. 2. First respondent is having the power to release the vehicle by way of interim measure on imposing such conditions as it may deem fit and proper and after considering various aspects. 3. There will be a direction to the 1st respondent to take a decision on Ext.P2 within a period of seven days from the date of receipt of a copy of this judgment. Proceedings, if any, initiated under Act 18 of 2001 Act will W.P ( C) No. 444 of 2010 2 also be finalised after notice to the petitioner and after affording him opportunity to put forward all the contentions. Writ petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No. 444 of 2010 3 W.P ( C) No. 444 of 2010 4 T.R.RAMACHANDRAN NAIR,JUDGE ma W.P ( C) No. 444 of 2010 5