IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 3426 of 2010(C) ------------------------- PETITIONER(S): --------------- MUHAMMED ANEES,S/O.KONDAMBATH KUNHEETHU, MOORKKANAD DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,MALAPPURAM. 2. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, PERINTHALMANNA STATION THROUGH THE PUBLIC PROSECUTOR AT HIGH COURT OF KERALA. GOVERNMENT PLEADER: SRI P NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.3426 of 2010 -------------------------------------- Dated this the 3rd day of February, 2010 JUDGMENT The petitioner is the owner and possessor of a Tipper Lorry bearing registration No.KL-8/AG-1168, submitted that the vehicle has been seized by the second respondent on 31/01/2010 alleging illicit transportation of river sand. The petitioner submitted that the respondents have detained the vehicle from 31/1/2010 onwards in the compound of the Perinthalmanna Police Station. The respondents have neither produced the vehicle before the J.F.C.M-I Court, Perinthalmanna nor before the R.D.O, it is alleged by the petitioner. This writ petition is filed seeking for a direction to the respondents to release the vehicle. 2. If the petitioner moves an application for interim custody of the vehicle before the first respondent, there 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 W.P.(C)No.3426 of 2010 2 conditions as he deems fit if the vehicle is released. 3. There will be a further direction to the District Collector to pass final orders on the proceedings if any initiated under Act 18 of 2001 within a period of two months after hearing the petitioner and after assessing various materials produced by him. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj