IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 10065 of 2010(G) -------------------------------------- PETITIONER: ------------------- DINESAN, S/O.SARADA, KALIYARAMBAN, MALOOR GRAMA PANCHAYAT, THOLAMPRA P.O., KANNUR DISTRICT. BY ADV. MR.C.P.PEETHAMBARAN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, KANNUR DISTRICT. 2. THE SUB INSPECTOR OF POLICE, MANOOR POLICE STATION, KANNUR DISTRICT. R1 & R2 BY SR. GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.10065 of 2010 -------------------------------------- Dated this the 24th day of March, 2010 JUDGMENT The petitioner herein is the R.C. owner of a LMV Mahindra Pick-up Jeep bearing Registration No.KL-58/B.7068. On 16/3/2010, the said vehicle was seized by the second respondent alleging illegal transportation of river sand. A Crime was accordingly registered by the police under Section 20 of the Kerala Protection of River Banks & Regulation of Removal of Sand Act 2001. The petitioner has filed this writ petition seeking for a direction to the respondents to release the above vehicle to the petitioner. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. The respondent is conferred with the power to consider the release of the vehicle by way of an interim measure in the light of the decision of this Court in Subramanian Vs. State of Kerala (2009 (1) KLT 77), after assessing various materials and on such conditions which he deems fit to impose. Therefore, if the petitioner moves an application for interim custody of the vehicle before the first respondent, there will be a W.P.(C)No.10065 of 2010 2 direction to the 1st respondent District Collector to consider the application after verifying the documents produced by the petitioner. Orders regarding interim custody of the vehicle shall be passed within 7 days from the date of receipt of a copy of this judgment. It will be open to the 1st respondent to impose such conditions as he deems fit if the vehicle is ordered to be released. 4. There will be a further direction to the District Collector to pass final orders on the proceedings within a period of two months after hearing the petitioner and after assessing various materials produced by him. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj