IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 7455 of 2011(F) ------------------------- PETITIONER: --------------- SATHAR, S/O.MUHAMMED, MATHAMKUZHIYIL VEEDU, ANAKKARA P.O., PALAKKAD DISTRICT. BY ADV. MR. SANTHEEP ANKARATH MR. SUMODH MADHAVAN NAIR RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, PALAKKAD-678001. 2. THE SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION, THRITHALA P.O., PIN 679534, PALAKKAD DISTRICT. 3. JOINT REGIONAL TRANSPORT OFFICER, OFFICE OF THE JOINT RTO, PATTAMBI-679303, PALAKKAD DISTRICT. BY SENIOR GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 7455 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 10th day of March, 2011 JUDGMENT The issue involved in this case is with regard to the granting of interim custody of petitioner's three wheeler goods carriage bearing No. KL 52 6333, which was seized by the second respondent on 01.10.2009, alleging illegal transportation of 'river sand'. 2. Heard the learned Government Pleader as well. Considering the facts circumstances, this Court finds that, this is a matter to be dealt with by the competent authority at the first instance, as stipulated by virtue of the amended provisions of law brought about vide Ordinance No. 38 of 2010 w.e.f. 14.06.2010. Accordingly, the first respondent is directed to transmit the records to the competent authority; who shall consider and pass appropriate orders with regard to the interim custody of the vehicle, in accordance with law, taking note of the observations made by the Full Bench of this Court in Shan C.T. Vs. State of Kerala (2010 (3) KHC 333), as expeditiously as possible, at any rate, within 7 days from the date of receipt of a copy of this judgment. W.P. (C) No. 7455 of 2011 2 Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for further steps. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd