IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 37646 of 2009(A) -------------------------- PETITIONER(S): --------------- SAKEER HUSSAIN, AGED 25 YEARS, S/O. KUNHIMUHAMMED, MUNDUMMAL HOUSE, P.O. KOLATHUR, VIA ANGADIPURAM, MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): --------------- THE DISTRICT COLLECTOR, MALAPPURAM. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.37646/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of January, 2010 J U D G M E N T The petitioner herein is the agreement owner of a mini lorry bearing Registration No.KL-17-C-1785. On 18/12/2009, the said vehicle was intercepted by the Sub Inspector of Police and seized alleging illicit transportation of river sand. A crime was accordingly registered by the police under Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. It is the case of the petitioner that he has already moved the respondent seeking interim custody of the vehicle as per Ext.P3 and, P4 is the acknowledgement evidencing the same. 2. 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 v. State of Kerala [2009 (1) KLT 77), after assessing various materials and on such conditions which he deems fit to impose. Therefore, there will be a direction to the respondent to take a decision on Ext.P3 with notice to the petitioner and the registered owner of the vehicle within a period of seven days from the date of receipt of a copy of this Judgment. There will be a further direction to the respondent to pass final orders in respect of the W.P.(C). No.37646/2009 -:2:- proceedings, if any, initiated under the Act also within a period of two months from the date of receipt of a copy of this Judgment after hearing necessary parties. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms