IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 4411 of 2010(B) ------------------------------------- PETITIONER(S): ----------------------- AHAMMED KABEER, AGED 27 YEARS, S/O.MOHAMMED, PAPPATHIYIL HOUSE, KANNATTIPADI POST VENGARA, MALAPPURAM DISTRICT (R.C.OWNER OF KL.11.Y.9569 GOODS CARRIAGE). BY ADV. MR.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, VENGARA. R1 & R2 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.4411 OF 2010 --------------------------------------- Dated this the 10th day of February, 2010. J U D G M E N T The petitioner is the registered owner of a Goods Vehicle bearing Registration No.KL 11Y 9569. It is submitted that the above vehicle was seized by the 2nd respondent on 29.01.2010 alleging illegal transportation of river sand. It is stated that the vehicle was not having any river sand or any sand. 2. The main prayer in the writ petition is for a direction to the respondents to release KL 11Y 9569 Goods Vehicle to the petitioner on interim custody. If the petitioner moves the 1st respondent with an application to release the vehicle by way of interim custody, the same will be considered and appropriate orders shall be passed 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 this Court in various decisions and on such terms and conditions as he deems fit to impose. The petitioner has got W.P.(C) No.4411/2010 2 a case that he was having a valid pass. That aspect can be raised by the petitioner before the District Collector and the same will also be considered. 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 smp