IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 13982 of 2011(W) -------------------------- PETITIONER(S): --------------- RAFEEK K.A., S/O.ABDUL KAREEM, AGED 30 YEARS, KAYYALAKALA, MIDAYIKUNNAM P.O., THALAYOLAPARAMBU. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 2. SUB INSPECTOR OF POLICE, KOOTHATTUKULAM, ERNAKULAM. 3. GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, KOTTAYAM. BY SR.GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ----------------------------------------------------- W.P (C) No.13982/2011 ---------------------------------------- Dated, this the 24th day of May, 2011 JUDGMENT The issue involved in this case is with regard to the granting of interim custody of petitioner's vehicle bearing No. KL -05 U 6901, which was seized by the second respondent on 22.9.2010, alleging illegal transportation of 'river sand'. 2. Heard the learned Government Pleader as well. 3. Considering the facts and 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 consider and pass appropriate orders with regard to the interim custody of the vehicle, in accordance with law, taking note of the W.P. (C) No. 13982/2011 2 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 'one week' from the date of receipt of a copy of this judgment. 4. 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 mrcs