IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 6649 of 2011(E) ------------------------- PETITIONER: --------------- PRABHAKARAN K., S/O SANKARAN, AGED 42 YEARS, KUNNATH HOUSE, P.O. VARAVATTOOR, THRISSUR DISTRICT (R.C. OWNER OF KL 48A/7015) BY ADV. MR. SHOBY K.FRANCIS RESPONDENTS: --------------------- 1. SUB DIVISIONAL MAGISTRATE/RDO, OFFICE OF THE RDO, OTTAPPALAM, PALAKKA 67910 2. SUB INSPECTOR OF POLICE, CHALISSERY - POLICE STATION, CHALISSERY P.O., PALAKKAD 678 001 BY SENIOR GOVERNMENT MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 6649 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd day of March, 2011 JUDGMENT The issue involved in this case is with regard to the granting of interim custody of petitioner's mini lorry bearing No. KL 48 A 7015, which was seized by the second respondent alleging illegal transportation of 'river sand'. 2. Heard the learned Government Pleader as well. Considering the facts circumstances, this Court finds that, this is a matter to be dealt with by the first respondent at the first instance. 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 and taking note of the 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 two weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd