IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 8824 of 2010(C) ------------------------------------- PETITIONER: ------------------- ABDUL RASHEED P., AGED 28 YEARS, S/O.SAIDALAVI, PARA HOUSE, ERUMATHADOM, KOLATHUR P.O.,MALAPPURAM DISTRICT. BY ADVS. MR.E.S.M.KABEER, MR.ABDUL MAJEED.N. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, KOLATHUR. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.8824/2010-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of March, 2010 J U D G M E N T The petitioner herein is the agreement owner and in possession of a goods carriage bearing Registration No.KL- 17-C-8628. On 03/02/2010, the said vehicle was intercepted by the Sub Inspector of Police and was seized alleging illicit transportation of sand. The said allegation is denied by the petitioner. 2. The petitioner made 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.P3 is the copy of the said request. Aggrieved by the delay in disposal of the said application, the petitioner has filed this writ petition. 3. Heard learned counsel for the petitioner and the learned Government Pleader. 4. It is submitted by the learned counsel for the petitioner that the vehicle is abandoned in an open space exposed to sun and rain, and the same will cause serious damage to the vehicle. It is also submitted that the said vehicle is the only livelihood of the petitioner and, he and his family is put to starvation. W.P.(C). No.8824/2010 -:2:- 5. There will be a direction to the first respondent to take a decision on Ext.P3 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 petitioner and the registered owner, 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