IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 21726 of 2010(M) ---------------------------------- PETITIONER(S): --------------- C.SATHYARAJ, PUNNAMOOTUKADAI, KOLLANKODU(TP), VILAVANCODE (TK) KANNIYAKUMAR DISTRICT. BY ADV. MR.T.RAVIKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE S.I. OF POLICE, POOVAR POLICE STATION,THIRUVANANTHAPURAM. 4. THE S.I. OF POLICE, POZHIYOOR POLICE STATION,THIRUVANANTHAPURAM. 5. THE JOINT REGIONAL TRANSPORT OFFICER, PARASALA. 6. THE ASSISTANT MOTOR VEHICLE INSPECTOR, SUB R.T.OFFICE, PARASSALA. BY GOVERNMENT PLEADER ADV.MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.21726 OF 2010 ------------------------------- Dated this the 13th day of July, 2010 J U D G M E N T The petitioner challenges Ext.P8 order passed by the District Collector, Thiruvananthapuram, by which certain conditions are imposed on the petitioner for giving interim custody of the vehicle seized on allegations of illegal transportation of river sand, to the petitioner. The petitioner submits that those conditions are against the Division Bench decision of this Court in Ayoob v. Sub Inspector of Police [2010(3)KLT 116]. I am unable to decide this case following that decision because of the fact that there is an earlier Division Bench decision which imposes more stringent conditions and in view of the conflicting decisions of the two Division Benches, the matter is now pending consideration of the Full Bench. When it was pointed out to the learned counsel for the petitioner, the learned counsel for the petitioner submits that the petitioner would be satisfied with a direction to the District Collector to pass final orders pursuant to the seizure expeditiously. W.P.(C)No.21726/10 2 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the second respondent to pass final orders pursuant to the seizure of the petitioner's vehicle as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. While doing so, the District Collector shall consider every objection raised by the petitioner and shall enter specific findings in respect thereof. Needless to say, the petitioner shall be afforded an opportunity of being heard. S. SIRI JAGAN, JUDGE acd W.P.(C)No.21726/10 3 W.P.(C)No.21726/10 4