IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 12278 of 2010(H) --------------------------------------- PETITIONERS: --------------------- 1. BIJUMON, AGED 29 YEARS, S/O.SIVARAMAN THYKOOTATHIL HOUSE, PALLIPURAM VILLAGE CHERTHALA TALUK, PALLIPURAM P.O, PIN 688 541. 2. BINDU KRISHNAKUMAR,AGED 41 YEARS, W/O. KRISHNAKUMAR, MANIMANDIRAM, KATTIKUNNU, CHEMPU P.O, CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN- 686 615. 3. RAJESH B, AGED 35 YEARS,S/O.BHASKARAN, VENKITHARA, KATTIKUNNU, CHEMPU P.O, CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT PIN 686 615. 4. RAGHAVAN, AGED 64 YEARS, S/O.KONNAN, SURAJ BHAVAN,S.PARUR P.O, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT PIN- 682 320. 5. SHAJI, AGED 42 YEARS,S/O.SUBRMANIAN, VEERAMTHAZHATH HOUSE,KATTIKUNNU, CHEMPU P.O, CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT PIN 686 615. 6. SUPRAN, AGED 42 YEARS, S/O.VELAYUDHAN, PADINJAREPUTHUKAD, S.PARUR P.O, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN- 682 320 7. PRIYA, AGED 32 YEARS, W/O.BIJU,KOOMBEL HOUSE,CHEMPU .P.O., CHEMPU VILLAGE, VIKOM TALUK,KOTTAYAM DISTRICT, PIN -686 615. 8. V.P.VIJAYAN, AGED 49 YEARS,S/O PAPPAN, VIPIN NIVAS, KATTIKUNNU,CHEMPU P.O., CHEMPU VILLAGE, VAIKOM TALUK,KOTTAYAM DISTRICT, PIN -686 615. W.P.(C). NO.12278/2010-H: 9. BABU, AGED 45 YEARS, S/O.SUKUMARAN, MADATHILCHIRAYIL HOUSE,POOTHOTTA P.O, S.PARUR, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN- 682 307. 10. RATHEESHKUAMR, AGED 31 YEARS, S/O.RAJAPPAN, KOOMBEL PUTHANTHARA HOUSE, CHEMPU.P.O., CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN -686 615. 11. AJEESH, AGED 33 YEARS,S/O.SUBRAMANIAN, VEERAMTHAZHATH HOUSE, KATTIKUNNU, CHEMPU.PO., CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN- 686 615. 12. SUDHEESH, AGED 28 YEARS,S/O.SUKUMARAN, KOOMBEL HOUSE, CHEMPU.P.O., CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN -686 615. 13. JOHNY VARGHESE,AGED 42 YEARS, S/O.VARGHESE, VAIPEL HOUSE, VADAKARA P.O, VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN- 686 605 14. ASHRAF, AGED 38 YEARS, S/O.ABDUL RAHMAN, PAALIPARAMBIL HOUSE, MUDIKKAL P.O, PALLIPPURAM ,MARAMPILLY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN -683 547. 15. VINOD K.K, AGED 30 YEARS,S/O.KUNJAPPAN, KOOMBEL HOUSE,CHEMPU P.O, CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN -686 615. 16. SARASAN, AGED 49 YEARS,S/O.RAGHAVAN, PADIKKAVEEDU,CHEMPU P.O, CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN- 686 615. 17. DILEEPKUMAR, AGED 36 YEARS,S/O.KUNJAN, PUTHUVALNIKARTHIL, CHEMPU P.O, CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN -686 615. 18. MANOJ P.G, AGED 45 YEARS,S/O.GOPALAN, PADATHURUTHEL, KULASHEKHARAMANGALAM .P.O, KULASHEKHARAMANGALAM VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN- 686 608. 19. P.M.NIZAR, AGED 44 YEARS, S/O.P.M.MUHAMMED ,PULAYARVALAVIL, MARAVANTHURUTHU P.O, KULASHEKHARAMANGALAM VILLAGE ,VAIKOM TALUK, KOTTAYAM DISTRICT, PIN -686 608. BY ADVS. MR.P.V.PRAKASAN MR.JEEMON JOHN, MR.S.RUSSEL. MR.V.R.ARUN. W.P.(C). NO.12278/2010-H: RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, ERNAKULAM, DISTRICT COLLECTORATE, KAKKANAD, ERNAKULAM, PIN -682 030. 2. THE C.I.OF POLICE, TRIPUNITHURA, TRIPUNITHURA P.O, ERNAKULAM, PIN- 682 301. 3. THE S.I.OF POLICE, HILL PALACE POLICE STATION, TRIPUNITHURA, ERNAKULAM, TRIPUNITHURA P.O, PIN- 682 301. 4. THE S.I.OF POLICE, MULANTHURUTHY POLICE STATION, MULANTHURUTHY, P.O.ERNAKULAM, PIN- 682 314. R1 TO R4 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.12278/2010-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of April, 2010 J U D G M E N T The petitioners herein are seeking for a direction to release the vehicles owned by them on interim custody and to dispose of Exts.P1 to P20 representations within a time frame. The petitioners 1 to 19 are the owners of various tipper lorries. The said vehicles were intercepted by the Sub Inspector of Police and were seized alleging illicit transportation of river sand on various dates. It is the case of the petitioners that the said vehicles were used for transportation of sand with valid permits. 2. It is submitted by the learned counsel for the petitioners that the vehicles are lying in the police station premises exposed to sun and rain and there is no parking slot in the station. Hence, it is not safe to keep the vehicles there. The petitioners submitted applications before the first respondent for interim custody of the vehicles in the light of the decision of this Court in Subramanian v. State of Kerala [2009 (1) KLT 77). Exts.P1 to P20 are the copies of the said applications. Aggrieved by the delay in disposal of the said applications, the petitioners have filed this writ petition. W.P.(C). No.12278/2010 -:2:- 3. Heard learned counsel for the petitioners and the learned Government Pleader. 4. There will be a direction to the first respondent to take a decision on Exts.P1 to P20 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 petitioners and after considering the pleas raised by them, on merits. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms