IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 17670 of 2011(G) --------------------------------------- PETITIONER: ------------------- SHARAFUDEEN, NAJEEM MANZIL, KOCHU KALANGU, CHOZHIYAKODU P.O., KULATHUPUZHA, KOLLAM DISTRICT. VEHICLE BEARING REG.NO.KL-02, U 6906. BY ADVS. SRI.VINOY VARGHESE KALLUMOOTTILL, SMT.P.SHYAMA. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, KOLLAM- 691 001. 2. THE REVENUE DIVISIONAL OFFICER, KOLLAM- 691 001. 3. THE SUB INSPECTOR OF POLICE, KULATHUPUZHA POLICE STATION, KOLLAM DISTRICT, PIN 691 001. R1 TO R3 BY GOVT. PLEADER SMT. M.J. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17670/2011-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPORT FORWARDED BY THE R.3. TO THE R.2. DTD. 22/11/2010. EXT.P.2: COPY OF THE F.I.R. IN CRIME NO.918/2010 OF KULATHUPUZHA POLICE STATION. EXT.P.3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.4: COPY OF THE INSURANCE CERTIFICATE OF THE VEHICLE BEARING REGISTRATION KL-2 U 6906. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.17670 OF 2011 -------------------------------------------------- Dated this the 30th day of June 2011 JUDGMENT The grievance of the petitioner is that the vehicle bearing No.KL-02- U 6906, belonging to the petitioner was taken into custody by the 3rd respondent on 22/11/2010, allegedly in connection with illegal transportation of river sand. 2. The learned counsel for the petitioner submits that the petitioner is innocent and he has absolutely no connection with the alleged offence, which made him to approach this Court for appropriate relief. 3. Heard the learned Govt. Pleader as well. 4. Taking note of the submissions made from both the sides, this Court finds that the matter requires to be considered at the first instance, by the 2nd respondent, particularly with regard to the 'interim custody' as sought for. In the above circumstances, 2nd respondent is directed to consider the claim for 'interim custody' of the vehicle within 'one week' from the date of receipt of a copy of this judgment, taking note of the observations made by the Full Bench of this Court in “Shan C.T. V State of Kerala and Others” (2010(3) KHC 333), and pass W.P.(C) No.17670/2011 2 appropriate orders in accordance with law, as expeditiously as possible, at any rate within 'six weeks' thereafter. The petitioner shall produce a copy of this judgment, along with a copy of the Writ Petition before the 2nd respondent for taking further steps. Writ Petition is disposed of accordingly. vdv P.R.RAMACHANDRA MENON, JUDGE