IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 5934 of 2010(N) ------------------------- PETITIONER(S): --------------- SHAJAN.A.P,S/O.KOCHAPPAN,AGED 42 YEARS, ARANGHASSERY-HOUSE,MUNDOOR.P.O,KIRALUR,VELUR, THRISSUR DISTRICT.(RC OWNER OF KL-01-Z-6501). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,COLLECTORATE, THRISSUR. 2. SUB-INSPECTOR OF POLICE,VIYYUR POLICE STATION,VIYYUR,THRISSUR-DISTRICT. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.5934 of 2010 -------------------------------------- Dated this the 23rd day of February, 2010 JUDGMENT The petitioner is the RC owner of a Tipper Lorry bearing Reg.No.KL-01-Z-6501. It is submitted that the vehicle has been seized by the second respondent on 15/2/2010 alleging illegal transportation of river sand. The petitioner submits that he transported the sand on the basis of the sand pass issued by the Kadavallur Grama Panchayat to take sand from the Puthuchery in Vallathole Nagar Grama Panchayat. It is further submitted that at the time of seizure the second respondent forcefully collected the original of the pass from the custody of the petitioner. Therefore the petitioner is not in a position to produce the same herewith. 2. The petitioner has sought for a direction to the 1st respondent for interim custody of the vehicle, as per Exhibit P2. Aggrieved by the delay in disposal of the application, this writ petition has been filed. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. There will be a direction to the 1st respondent to take a decision on Exhibit P2 within a period of W.P.(C)No.5934 of 2010 2 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. The matter will be considered in accordance with law. There will be a further direction to the 1st 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 after considering the pleas raised by the petitioner, on merits. This writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE skj