IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 16038 of 2011(D) ----------------------- PETITIONER: ------------------ SIYAD. I AGED 29 YEARS, S/O. MUHAMMED, IRIMBALAYIL HOUSE, PURAMANNOOR P.O.,VALANCHERI, MALAPPURAM DISTRICT BY ADV. SRI.ESM.KABEER SRI.ABDUL MAJEED.N RESPONDENTS: ---------------------- 1. THE REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM-676505 2. THE SUB INSPECTOR OF POLICE, VALANCHERI, MALAPPURAM-676505 R1 & R2 BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.16038/2011 -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 – TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE No.KL 10S-393 EXT.P2 – TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 04-06-2011. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.16038 OF 2011 -------------------------------------------------- Dated this the 15th day of June 2011 JUDGMENT The grievance of the petitioner is that the vehicle bearing No.KL-10 S-393 belonging to the petitioner was taken into custody by the 2nd respondent on 04/06/2011, allegedly in connection with illegal transportation of river sand. 2. The learned counsel for the petitioner submits that the petitioner is innocent and he has absolutely no connection with the alleged offence, which made him to approach this Court for appropriate relief. 3. Heard the learned Govt. Pleader as well. 4. Taking note of the submissions made from both the sides, this Court finds that the matter requires to be considered at the first instance, by the 1st respondent, particularly with regard to the 'interim custody' as sought for. In the above circumstances, 1st respondent is directed to consider the claim for 'interim custody' of the vehicle within 'one week' from the date of receipt of a copy of this judgment, taking note of the observations made by the Full Bench of this Court in “Shan C.T. V State of Kerala and Others” (2010(3) KHC 333), and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate W.P.(C) No.16038/2011 2 within 'six weeks' thereafter. The petitioner shall produce a copy of this judgment, along with a copy of the Writ Petition before the 1st respondent for taking further steps. Writ Petition is disposed of accordingly. vdv P.R.RAMACHANDRA MENON, JUDGE