IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 23450 of 2010(E) ---------------------------------------- PETITIONER(S): ------------------------ V.ASHRAF, S/O.ABOOBACKER, AGED 30 YEARS VELLARAMPARA HOUSE, PANNIPARA PO,EDAVANNA, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, MALAPPURAM 676 505. 3. THE SUB DIVISIONAL MAGISTRATE, CIVIL STATION, MALAPPURAM 675 505. 4. THE SUB INSPECTOR OF POLICE, EDAVANNA, MALAPPURAM 676 541. BY GOVT. PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.23450 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2010 J U D G M E N T In this writ petition, the petitioner is owner/person in possession of 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, 2001 & Rules. He seeks interim custody of the vehicle. In view of conflicting Division Bench decisions regarding the conditions to be imposed for interim custody similar writ petitions have been referred to a Full Bench. A Full Bench of this court has now laid down the conditions to be complied with for interim custody of vehicles seized on allegations of illegal transportation of river sand pending passing of final orders, in W.A. No.885/2010, W.P.(C) No.18384/2010 and connected cases. Therefore I am of opinion that the appropriate authority having jurisdiction to give interim custody of the vehicle has to consider the W.P.(C)No.23450 of 2010 -2- claims of the petitioner in this writ petition for interim custody of the vehicle strictly in accordance with the conditions laid down in the said judgment of the Full Bench. The appropriate authority shall pass orders in this regard in accordance with the Full Bench decision as expeditiously as possible at any rate within two weeks from the date of receipt of a copy of this judgment. However I make it clear that if in this case final orders have been passed, the appropriate authority need only insist on complying with the final order, for releasing of the vehicle. This writ petition is disposed of as above. The learned Government Pleader is directed to forward a copy of the judgment of the Full Bench to all competent authorities under the Act for passing orders in accordance with the Full Bench decision as directed above. S. SIRI JAGAN JUDGE shg/