IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 14678 of 2010(H) --------------------------------------- PETITIONERS: --------------------- 1. DEVADAS,AGED 38,S/O.JNAMASHIHAMANI, OTTIVILA VEEDU,THIKURISSI P.O., KANYAKUMARI DISTRICT. 2. GIRISH KUMAR, S/O.SIVASANKARAN THAMBI, SANTHA BHAVAN, PAKODE P.O.,KANYAKUMARI DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR). RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT.REVENUE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,ERNAKULAM, COLLECTORATE, KAKKANAD. 3. THE SUB INSPECTOR OF POLICE, VARAPUZHA POLICE STATION,ERNAKULAM DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 14678 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of May, 2010 J U D G M E N T Petitioners challenge the conditions imposed by the 2nd respondent-District Collector for giving interim custody of the vehicle seized from the petitioners on allegation of unauthorized transportation of river sand. According to the petitioners as is evident from the records available, the petitioners are not guilty of any unauthorized transportation of river sand since the sand has been imported from Karnataka. Petitioners submit that the value of the vehicle has been fixed at Rs.10,00,000/- and the petitioners have been directed to pay half of that amount as a condition for interim custody of the vehicle which is an onerous condition and therefore the impugned orders are arbitrary and unsustainable. W.P.(C)No. 14678 of 2010 -2- 2. I have heard the learned Government Pleader also. In view of the facts and circumstances of the case, I am of opinion that this is a fit case in which final orders shall be passed within the minimum possible time. Accordingly this writ petition is disposed of with the following directions: The petitioners shall be present with evidence in support of their case before the District Collector for a hearing on the matter on 28.05.2010. The District Collector shall hear the petitioners on the basis of the evidence to be adduced, on that day or on an adjourned date within 7 days therefrom. The District Collector shall after hearing, pass final orders also within 7 days. 3. I make it clear that, I have not considered the merits of the case and it would be open to the petitioners to advance all their contentions before the District Collector on merits and the District Collector shall, by a speaking W.P.(C)No. 14678 of 2010 -3- order consider all those contentions in accordance with law on the basis of evidence including those adduced by the petitioners. S. SIRI JAGAN JUDGE shg/