IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 5679 of 2010(H) ------------------------- PETITIONER(S): --------------- 1. JOHN KUTTY,AGED 39 YEARS, S/O.KOSHY,RESIDING AT JIJO BHAVAN,ADUTHALA.P.O, KALLUVATHUKKAL,KOLLAM DISTRICT. 2. NAZEERATH,W/O.SHANOOD,NAREENCHILAYYATHU, KATTELIBHAGAM.P.O,KARUNAGAPPALLY,KOLLAM DISTRICT. 3. SAJITH.B,SAJITH BHAVAN,KOTHAPURAM, KARALI JUNCTION.P.O,WEST KALLADA,KOLLAM DISTRICT. 4. RAJESH.G,S/O.GOPINATHAN PILLAI, PALLIYADIVEEDU,EAVAM,KAVAMLOD.P.O, CHATHANNOOR,KOLLAM. 5. AJIKUMAR,S/O.VIJAYANPILLAI,VIJAYBHAVAN, NEDUNGOLAM.P.O,PARAYUR,KOLLAM. 6. SUDHEER,NIYAS MANZIL,VILAYOORKONAM.P.O, KALLUVATHUKKAL,KOLLAM. 7. RENJITH.T,T.S.R.BHAVAN,ULIYANADU, KARAMCOD.P.O,CHATHANNOOR,KOLLAM. 8. PRASAD SEKHARA,MANALUMUKKIL THODIYILVEEDU,MEENADU,NEDUNGOLAM.P.O, KOLLAM. 9. SHAJI.S,S/O.DIVAKARAN,UPPUPPADANNEL, VALIAPADAM,W.KALLADA,KUNNATHOR,KOLLAM. 10. SHAMEER,S/O.RASHEED,SHAMEER MANZIL, VENGO.PO,MAINAGAPPALLY,KOLLAM. BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO DEPARTMENT OF REVENUE,GOVERNMENT OF KERALA,THIUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,KOLLAM. 3. THE SUPERINTENDENT OF POLICE,KOLLM. 4. THE SUB INSPECTOR OF POLICE,PARAVOOR, KOLLAM. 5. THE SUB INSPECTOR OF POLICE, CHAVARA,KOLLAM. 6. THE SUB INSPECTOR OF POLICE, PARIPPILLY,KOLLAM. 7. THE SUB INSPECTOR OF POLICE, THEKKUMBHAGOM, KOLLAM. 8. THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY,KOLLAM. 9. THE SUB INSPECTOR OF POLICE, SASTHAMCOTTA, KOLLAM. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 5679 of 2010 H ``````````````````````````````````````````````````````` Dated this the 22nd day of February, 2010 J U D G M E N T The petitioners herein are aggrieved by the seizure of various lorries, the numbers of which are mentioned in paragraph 1 of the writ petition. Exts.P1 to P10 are the copies of the relevant pages of certificates of registration along with agreements of sale in respect of some of the petitioners. 2. These vehicles were seized for alleged illegal transportation of river sand by the police officers and First Information Reports have also been filed. 3. The petitioners require release of the vehicles by way of interim custody and it is pointed out that in the light of the decision of the Division Bench of this Court in W.A.No.2578 of 2009, the District Collector is empowered to grant interim custody of the seized vehicle in terms of the various conditions provided by the Division Bench. 4. If the petitioners file separate applications before the District Collector along with a copy of this judgment, the same will WPC.5679/2010 : 2 : be considered by the second respondent and appropriate orders will be passed within seven days from the date of receipt of the application, in the light of the decision reported in Subramanian Vs. State of Kerala [2009 (1) KLT 77] and in the light of the directions issued by the Division Bench in W.A.No.2578 of 2009, which is produced as Ext.P12. The final orders in respect of the proceedings, if any, initiated under the Act will be passed within two months, after hearing the petitioners and after considering their pleas on the merits of the matter. The petitioners will produce a copy of this judgment along with the application for compliance. The writ petition is disposed of as above. Sd/- (T.R.RAMACHANDRAN NAIR, JUDGE) aks // True Copy // P.A. To Judge