IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 15061 of 2008(R) -------------------------- PETITIONER: ------------ AZEEZ, S/O. MUHAMMED HAJI MELEMUNDAKKAPARAMBATH HOUSE CHERUPPA, MAVOOR, KOZHIKKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR MALAPPURAM 2. THE TAHSILDAR, ERNAD TALUK MALAPPURAM DISTRICT 3. THE SUB INSPECTOR OF POLICE AREACODE POLICE STATION, MALAPPURAM DISTRICT BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2008, A/W. W.P(C).No.15179/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.15061 & 15179 of 2008 ================== Dated this the 24th day of June, 2008 J U D G M E N T The vehicles belonging to the petitioners in these two writ petitions have been seized alleging transport of sand without obtaining inter-district passes. The petitioners raise a contention that the vehicles were intercepted within the district itself and therefore, there is no question of production of inter-district pass. The learned Government Pleader would submit that since the destination was another district, the vehicles should have been accompanied with inter-district passes. The petitioners now seek interim custody of the vehicles. The learned Government Pleader submits that as required under law and as per the decision in Ahammed Kutty v. State of Kerala [2008(1) KLT 1068] seizure has been reported to the concerned Magistrate. If that be so, it would be open to the petitioners to approach the concerned Magistrate for interim custody of the vehicles. With the above liberty, these writ petitions are closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2 S.SIRI JAGAN, J. ================== W.P.(C).Nos.15061 & 15179 of 2008 ================== Dated this the 30th day of May, 2008 O R D E R Relying on the decision of this Court in Ahammed Kutty v. State of Kerala [2008(1) KLT 1068], the counsel for the petitioners contends that the District Collector has no power whatsoever to do anything regarding illegal transport of sand unless and until a Criminal Court finds an offence committed by the petitioners with the vehicles which have been seized. He would further submit that as per the said decision, it is the duty of the District Collector or the officer assessing the vehicle to report the matter to the Criminal Court. Learned Government Pleader submits that he would direct the respondents to take appropriate steps as contemplated in the said decision for reporting the seizure to the Criminal Court and seeks time till 3.6.2008. 3 Post on 3.6.2008. sdk+ S.SIRI JAGAN, JUDGE