IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 11026 of 2010(C) --------------------------------------- PETITIONER: ------------------- SAREESH.T.V., S/O.VISWANATHAN, AGED 29 YEARS, THATTARAVALAPPIL HOUSE, EASWARAMANGALAM P.O., POONANI TALUK, MALAPPURAM DISTRICT. (OWNER OF KL-09/P-7018). BY ADV. MR.SHOBY K.FRANCIS. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM DISTRICT. 2. SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, PONNANI, MALAPPURAM DISTRICT. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 11026 of 2010-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2010. JUDGMENT The petitioner is the agreement owner and possessor of Mini lorry bearing Registration No.KL-09/P7018. Ext.P1 is the copy of the R.C. Book. It is the case of the petitioner that the petitioner used the said vehicle for carriage of goods including building materials like cement, river sand and bricks, etc. 2. The averment in the writ petition is that on 26.3.2010 the second respondent seized the petitioner's vehicle while it was parked on the side of Santhi Hospital near Chammravattom kadavu of Ponnani Municipality, waiting for seniority to take the sand from the kadavu, alleging illegal transportation of river sand. The petitioner informed the second respondent that the vehicle does not contain river sand and it is empty, but the second respondent forcefully took custody of the vehicle. Since the vehicle is lying in the police station compound exposed to sun and rain, the petitioner requested the second respondent to release the vehicle, but the said request was rejected. Thereafter, the petitioner submitted an application to the first respondent seeking interim custody of the vehicle in view of the decision of wpc 11026/2010 2 this Court in Subramanyan v. State of Kerala (2009 (1) KLT 77). Ext.P2 is the said request. In this writ petition, the petitioner seeks for a direction to the first respondent to consider Ext.P2 application and pass orders thereon, within a time limit. A further direction is sought to the respondents to release the vehicle. 2. Heard learned counsel for the petitioner and learned Govt. Pleader. There will be a direction to the first respondent to take a decision on Ext.P2 within a period of seven days from the date of production of a copy of this judgment, in the light of the well settled principles laid down by this Court in various decisions including Subramanyan's case (2009 (2) KLT 77) and on such terms and conditions. The matter will be considered in accordance with law. There will be a further direction to the first respondent to pass final orders within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and after considering the pleas raised by the petitioner, on merits. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/