IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 37295 of 2009(F) -------------------------------------- PETITIONER: ------------------- S.AJITHA, PARANKIMAMVILA AGENCIES ALUMOODU, EAST OF MARKET, KARUNAGAPPALLY, KOLLAM DSITRICT. BY MR.P.SANTHALINGAM, SENIOR ADVOCATE, ADV. MR.S.SHARAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, INDUSTRIAL (G) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. TAHSILDAR, CHITTUR, PALAKKAD. 4. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, PALAKKAD. 5. SUB INSPECTOR OF POLICE, KOZHINJAMPARA, PALAKKAD. 6. COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CHECK POST, ATHIKODE, KOZHINJAMPARA, PALAKKAD. R1 TO R6 BY GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.37295 of 209-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2010. JUDGMENT The petitioner claims to be a registered dealer of Sales Tax Department in Kerala and Tamil Nadu for transporting and selling sand purchased from Tamil Nadu. It is the case of the petitioner that on 8.12.2009 the Sub Inspector of Police, Kozhinjampara seized the vehicle No.TN 67-Q--3990 of the petitioner alleging illicit transportation of river sand. The petitioner prays for release of the vehicle on the ground that there had been valid permits issued by the competent authorities. Reliance is laced on Ext.P9 interim order passed by this Court in W.P.(C) No.31197/2009. 2. Heard learned Govt. Pleader appearing for the respondents. The question whether the vehicle can be released by way of an interim measure, is a matter for the second respondent to consider and pass appropriate orders in the light of the decision of this Court in Subramanyan v. State of Kerala (2009 (1) KLT 77). If the petitioner files an application, the same will be considered and appropriate orders shall be passed within seven days from the date of receipt of such application. The petitioner will file the said wpc 37295/2009 2 application along with a copy of this judgment and a copy of the writ petition. It will be open to the second respondent to pass final orders under Act 18 of 2001, within a further period of two months, after hearing the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/