IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 7310 of 2010(K) ------------------------- PETITIONER: --------------- LAROSH PETER ROZARIO, S/O.ALBERT ROZARIO, ROZARIO'S HOUSE, ST.JOSEPH CHURCH ROAD, CHALAKKUDY. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, PUTHUNAGARAM, PALAKKAD. BY GOVT.PLEADER SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.7310 OF 2010 ----------------------------------------------------- DATED THIS THE 8th DAY OF MARCH, 2010 J U D G M E N T The petitioner is the registered owner of a goods carriage lorry bearing registration No.KL-06-A 4851. The vehicle was used for transporting sand from Ganapathipalayam, Coimbatore District to Joby Varghese, residing in Kombidi, Trichur District. During the course of the transit, the lorry was intercepted by the police and action is now pending under Rule 27 of the Protection of River Banks and Removal of Sand Rules, 2002, According to the petitioner, the petitioner had produced before the 2nd respondent receipt issued by the Commercial Taxes Department, Commercial Tax Check Post, Kannimari, which is produced as Exhibit P2 herein. It is submitted that the import made by the petitioner is permitted by Exhibit P3 G.O. Dated 9.12.2009(GO (MS)No.161/01/09/ID). 2. If the petitioner files an application seeking interim custody of the vehicle, the same will be considered by the 1st respondent within seven days from the date of receipt of the W.P.(C)No.7310/10 -2- same, in the light of the pending proceedings under Act 18 of 2001 and under the relevant Rules. There will be a further direction to the 1st respondent to pass final orders within a period of two months from the date of receipt of a copy of this judgment after hearing the petitioner and after allowing all opportunity to adduce evidence. If the first respondent releases the vehicle by way of interim custody, he can impose such conditions as he deems fit. This writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn