IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23553 of 2010(T) ------------------------------ PETITIONER(S): --------------- AFSAL K., S/O.MOIDU, AGED 23 YEARS, KUNDANIYIL-HOUSE, MOOCHIKKAL, P.O.VALANCHERY, MALAPPURAM (OWNER OF KL-55/7527). BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM-676 505. 2. SUB INSPECTOR OF POLICE, VALANCHERY POLICE STATION, VALANCHERY P.O., MALAPPURAM DISTRICT - 676 552. ADV. MR. P.N. SANTHOSH – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.23553 OF 2010 ------------------------------- Dated this the 28th day of July, 2010 J U D G M E N T In this writ petition the petitioner is the owner in possession of a vehicle 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, 2001 & Rules. He seeks interim custody of the vehicle. In view of conflicting Division Bench decisions regarding the conditions to be imposed for interim custody similar writ petitions have been referred to a Full Bench. A Full Bench of this court has now laid down the conditions to be complied with for interim custody of vehicles seized on allegations of illegal transportation of river sand pending passing of final orders, in W.A. No.885/2010, W.P.(C) No.18384/2010 and connected cases. Therefore I am of opinion that the appropriate authority having jurisdiction to give interim custody of the vehicles has to consider the claim of the petitioner in this writ petition for interim custody of the vehicle strictly in accordance with the conditions laid down in the said W.P.(c)no.23553/10 2 judgment of the Full Bench. The appropriate authority shall pass orders in this regard in accordance with the Full Bench decision as expeditiously as possible at any rate within two weeks from the date of receipt of a copy of this judgment. However, I make it clear that if final order has been passed in this case, the appropriate authority need only insist on complying with the final order, for releasing of the vehicle. The learned Government Pleader is directed to forward a copy of the judgment of the Full Bench to all competent authorities under the Act for passing orders in accordance with the Full Bench decision as directed above. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(c)no.23553/10 3 W.P.(c)no.23553/10 4