IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 6969 of 2010(U) ------------------------------------- PETITIONER(S): ------------------------ SUJISH S., AGED 28, S/O.SUBRAMANIAN, MALLAMPARAMBIL, VARAPPUZHA, PARAVUR TALUK. BY ADV. MR.P.A.MOHAMMED SHAH RESPONDENT(S): ------------------------- 1. DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM. 2. ADDITIONAL SUB INSPECTOR OF POLICE, VARAPPUZHA POLICE STATION, VARAPPUZHA, ERNAKULAM DISTRICT. BY GOVT. PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6969 of 2010-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2010. JUDGMENT The petitioner is the owner of Mahindra Mini Tipper Lorry bearing registration No.KL-7/AM 1580. It is the case of the petitioner that the said vehicle was seized by the second respondent on 11.2.2010 alleging illegal transportation of river sand. It is submitted that the petitioner purchased sand from the depot owned by one N.H. Shamsudeen which was to be unloaded at Varappuzha. Ext.P3 is the true copy of the P Form dated 11.2.2010. It is the case of the petitioner that he has not loaded any illegal sand in the vehicle. The sand was loaded with a valid pass. According to the petitioner, the vehicle is now lying in the police station exposed to sun and rain. In this writ petition, the petitioner seeks for a direction to the respondents to release the vehicle, in view of the principles laid down by this Court in various decisions. 2. Heard learned counsel for the petitioner and learned Govt. Pleader. There will be a direction to the first respondent to take a decision on the question of releasing the vehicle to the petitioner by way of interim custody, within a period of seven days from the date of production of a copy wpc6969 /2010 2 of this judgment, in the light of the well settled principles laid down by this Court in various decisions including Subramanyan v. State of Kerala (2009 (2) KLT 77) and on such terms and conditions. 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 including Ext.P3 pass, on merits. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/