IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(C).No. 3976 of 2010(V) ------------------------- PETITIONER(S): --------------- MUSTAFA.P, S/O.HAMZA, CHEELATH HOUSE, ELAD, MUTHUKURUSSI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3976/2010-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of February, 2010 J U D G M E N T The petitioner herein is the Agreement owner and in possession of a mini lorry bearing Registration No.KL-53- 7369. On 20/01/2010, 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 the said vehicle was used by the petitioner for removing construction materials including sand from one work-site to another. 2. The petitioner has submitted 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.P1 is 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. There will be a direction to the first respondent to take a decision on Ext.P1 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 W.P.(C). No.3976/2010 -:2:- 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 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 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