IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 24550 of 2010(P) --------------------------------------- PETITIONER(S): ------------------------ SUMESH S., S/O.JAYAN, 22 YEARS SANTHI BHAVAN, ANTHAMON, MYLOM VILLAGE KOTTARAKARA TALUK, KOLLAM. BY ADV. SRI.SYAM J SAM RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, KOLLAM DISTRICT 2. THE ADDITIONAL DISTRICT MAGISTATE, KOLLAM 3. THE SUB INSPECTOR OF POLICE KOTTARAKARA POLICE STATION. R1 TO R3 BY GOVT. PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S. SIRI JAGAN, J. ---------------------- W.P.(C). No. 24550 of 2010 ------------------------------------ Dated this the 5th day of August, 2010 JUDGMENT The petitioner's vehicle has been seized on allegations of illegal transportation of river sand in violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. The petitioner applied for interim custody of the vehicle on which Ext.P2 order has been passed directing the petitioner to pay Rs.1,10,000/- being 50% of the value of the vehicle and on executing a bond for the balance amount. Petitioner challenges Ext.P2 order on the ground that the conditions prescribed are not in accordance with the Full Bench Decision of this Court in Shan C.T. Vs. State of Kerala and others, 2010 3 KHC 333. Petitioner therefore, seeks the following reliefs: i. Issue a writ of mandamus or any other appropriate writ directing the 1st respondent to release the vehicle, bearing Registration No. KL 13M/3206 by directing the petitioner to deposit 30% of the vehicle amount in accordance with the decision of this court in WA 885/2010 after reconsidering Exhibit P2 order. ii. Issue a writ of certiorari or any other appropriate writ quashing Exhibit P2 order directing the petitioner to deposit 30% of the vehicle amount in accordance with the decision of this court in WA 885/2010 W.P.(C). No. 24550 / 2010 iii. Pass such any other, relief or direction as this Hon'ble Court may deem fit in the interest of justice, equity and good conscience. 2. I have heard the learned Government Pleader also. 3. A full bench of this court in the above said decision has laid down the conditions for interim custody of vehicles seized on allegations of illegal transportation of river sand. The conditions prescribed in Ext.P2 are in accordance with that decision. Therefore, Ext.P2 is quashed. The appropriate authority under the Act is directed to reconsider the petitioner's application for interim custody in accordance with the above said Full Bench decision, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgement. S. SIRI JAGAN, JUDGE. ln