IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 2425 of 2010(C) ------------------------- PETITIONER: --------------- SUNIL.K., S/O. CHANDRAN, AGED 29 YEARS, KUTTIYIL-HOUSE, KOLOLOMBU.P.O. EDAPPAL VILLAGE, MALAPPURAM DIST. (OWNER AND POSSESSOR OF KL-12-B-5155) BY ADV. SRI.SHOBY K.FRANCIS SMT.K.P.SHAMEENA RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM 2. SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.2425 of 2010 -------------------------------------- Dated this the 25th day of January, 2010 JUDGMENT The petitioner is the agreement owner and possessor of a Tempo bearing Reg.No.KL-12-B-5155. It is submitted that the vehicle has been seized by the second respondent on 23/1/2010 alleging illegal transportation of river sand. The petitioner contends that the said vehicle was being used for carriage of goods including building materials like cement, river sand and bricks etc. It is further submitted that the vehicle contained ordinary filter sand taken from the private property and for the purpose of building construction. 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 seven days from the date of production of a copy of this judgment, in the light of the well settled principles laid down by W.P.(C)No.2425 of 2010 2 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