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. 23609 of 2010(A) --------------------------------- PETITIONER(S): --------------- MANOJ KUMAR, 2/83/1/3/111, KUNNUVILA VEEDU, MANGALATHUNADA, NETHAJIPURAM, POTHENCODE, PIN - 695 313. BY ADV. MR.A.AHZAR RESPONDENT(S): ------------------- 1. DISTRICT COLLECTOR, COLLECTORATE, TRIVANDRUM- 695 001. 2. S.I. OF POLICE, MANGALAPURAM POLICE STATION, MANGALAPURAM, TRIVANDRUM DISTRICT-695 301 3. TAHSILDAR, TALUK OFFICE, TRIVANDRUM- 695 001 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.23609 OF 2010 ------------------------------- Dated this the 28th day of July, 2010 J U D G M E N T The petitioner challenges Ext.P4 order granting interim custody of the 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, in so far as the conditions prescribed therein are not in accordance with the judgments of this court. 2. I have heard the learned Government Pleader also. 3. The conditions for granting interim custody of vehicles seized under the Act have been prescribed by a Full Bench in W.A. No.885/2010, W.P.(C) No.18384/2010 and connected cases. That being so, the appropriate authority competent to pass orders on interim custody of vehicles can impose only those conditions. Admittedly, Ext.P4 order is not in accordance with the Full Bench decision. Accordingly, Ext.P4 is quashed. The appropriate authority under the Act is directed to reconsider the W.P.(c)No.23609/10 2 application for interim custody of the vehicle filed by the petitioner in terms of the Full Bench decision as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(c)No.23609/10 3