IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 6079 of 2010(H) ------------------------- PETITIONER: --------------- ABOOBACKER A.P ,AGED 43 YEARS S/O.HAMZA, ARIPARAMBIL HOUSE, TRIPRANGODE POST, TIRUR, MALAPPURAM DISTRICT (R.C.ONWER OF KL.07.D.7858 GOODS CARRIAGE) BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM 2. THE SUB INSPECTOR OF POLICE, TIRUR. GOVERNMENT PLEADER SHRI.P.NARYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.6079 of 2010 ------------------------------------------------ Dated this the 24th day of February, 2010 JUDGMENT The petitioner herein is the registered owner of a Goods vehicle bearing registration No.KL.07.D.7858. It is submitted that the vehicle has been seized by the second respondent on 16/02/2010 alleging illegal transportation of river sand. It is the case of the petitioner that the said vehicle was used for transportation of sand with a valid permit. But at the time of seizure the pass was not handed over to the Police Officers as he was of the belief that the same would be destroyed. The petitioner has filed this writ petition seeking for a direction to the respondents to release the above vehicle to the petitioner. 2. The respondent is conferred with the power to consider the release of the vehicle by way of an interim measure in the light of the decision of this Court in Subramanian Vs. State of Kerala (2009 (1)KLT 77), after assessing various materials and on such conditions which he deems fit to impose. 3. Therefore, if the petitioner moves an application for interim custody of the vehicle before the first respondent, there W.P.(C)No.6079 of 2010 2 will be a direction to the 1st respondent District Collector to consider the application after verifying the documents produced by the petitioner. Orders regarding interim custody of the vehicle shall be passed within 7 days from the date of receipt of a copy of this judgment. It will be open to the 1st respondent to impose such conditions as he deems fit if the vehicle is released. 4. There will be a further direction to the District Collector to pass final orders on the proceedings within a period of two months after hearing the petitioner and after assessing various materials produced by him. The petitioner is relying upon; Ext.P2 a copy of the pass issued by the Secretary, Triprangode Panchayat; a compliant by Ext.P4 and; a paper report by Ext.P5 to show that the seizure is clearly illegal. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj