IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 7427 of 2010(C) --------------------------------------- PETITIONER(S): ------------------------- MANOJ, AGED 33 YEARS, S/O.VELAYUDHAN NAIR, MANJERITHODI HOUSE, CHULLIYODE P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV.MR.P.SHAMSUDIN RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, NILAMBUR. R1 & R2 BY SR.GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.7427 of 2010 -------------------------------------- Dated this the 8th day of March, 2010 JUDGMENT The petitioner is the owner of a 1997 model Tata Mini Lorry bearing registration No.KL-07-P9873. It is submitted that the vehicle has been seized by the second respondent on 02/03/2010 alleging illegal transportation of river sand in violation of the provisions of the Kerala Protection of River Banks & Regulation of Removal of Sand Act 2001. The petitioner contends that he has not violated the provisions of the above Act or the Kerala Protection of River Banks & Regulation of Removal of Sand Rules 2002. This writ petition is filed seeking for a direction to the respondents to release the vehicle. 2. If the petitioner moves an application for interim custody of the vehicle before the first respondent, there will be a 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. W.P.(C)No.7427 of 2010 2 3. 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