IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 874 of 2010(H) ------------------------ PETITIONER: --------------- T.P.MOHAMMEDKUTTY, AGED 48 YEARS, S/O.ALIKUTTY, THEKKEPEEDIYEKKAL, P.O.NADUVATTOM, TIRUR TALUK, MALAPPURAM DISTRICT (T.C. OWNER OF KD.01.A.P.8434 GOODS VEHICLE) BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- 1. THE TAZHSILDAR, MINI CIVIL STATION, TIRUR. 2. THE REVENUE DIVISIONAL OFFICER,TIRUR. 3. THE DISTRICT COLLECTOR, MALAPPURAM. BY SRI. P. NARAYANAN, GOVERNEMNT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON 11/01/2010 DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 874 of 2010-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of January, 2010. JUDGMENT The petitioner herein is the registered owner of a goods carriage bearing registration No.KL.01.A.P. 8434. While the said vehicle was running on rent on 30.12.2009, carrying ordinary sand, the second respondent intercepted the vehicle and demanded pass for transporting the same. It is submitted that in spite of the fact that the driver reported that what is transported is not river sand which does not require any pass, the vehicle was taken into custody by preparing a mahazar and the same is now kept in the premises of the first respondent. 2. The petitioner has sought for a direction to the third respondent for interim custody of the vehicle, as per Ext.P3. Aggrieved by the delay in disposal of the application, this writ petition is filed. 3. Heard learned counsel for the petitioner and learned Govt. Pleader. There will be a direction to the third respondent to take a decision on Ext.P3 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 and on such terms and conditions. The matter will be wpc 874/2010 2 considered in accordance with law. There will be a further direction to the third 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/