IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 5541 of 2010(P) ------------------------- PETITIONER(S): --------------- PRASANNA, W/O.SASIDHARAN, 9/567, CHETTIKKARI VEEDU, KULATHUMKARA, ATTIPRA, KULATHOOR P.O., THIRUVANANTHAPURAM BY ADV. SRI.M.DINESH RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2. SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5541/2010-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of February, 2010 J U D G M E N T The petitioner herein is the registered owner of a goods carriage bearing registration No.KL-22-7973. The vehicle has a valid goods carriage permit. Ext.P3 is the copy of the said permit. On 09/02/2010, the said vehicle was intercepted by the second respondent and was seized alleging illicit transportation of river sand and confiscation proceedings are pending under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. 2. It is submitted that the vehicle of the petitioner was hired by a Pentecost Mission for removing sand available from their property, which was excavated for construction of a building and transporting the same to another property owned by them. It is further submitted that the vehicle will get damaged as it is kept idle in open space under direct sunlight. 3. The petitioner later made a request to the first respondent for interim custody of the vehicle. It is prayed that the same may be directed to be considered in the light of the decision of this Court in Subramanian v. State of Kerala [2009 (1) KLT 77). Ext.P4 is the copy of W.P.(C). No.5541/2010 -:2:- the said request. Aggrieved by the delay in disposal of the said application, the petitioner has filed this writ petition. 4. Heard the learned counsel for the petitioner and the learned Government Pleader. 5. There will be a direction to the first respondent to take a decision on Ext.P4 within seven days from the date of receipt 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 which he deems fit to impose. The matter will be considered in accordance with law. There will be a further direction to the first 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. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms