IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 8330 of 2010(M) --------------------------------------- PETITIONER(S): ------------------------- PREJITH, S/O.SURENDRAN, KALLINGAL VEEDU, MEENADU, CHATHANNOOR, KOLLAM. BY ADV. MR.DILEEP P.PILLAI RESPONDENT(S): --------------------------- 1. SUB INSPECTOR OF POLICE, CHATHANNOOR, KOLLAM. 2. DISTRICT COLLECTOR, KOLLAM. R1 & R2 BY GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8330 of 2010-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2010. JUDGMENT The petitioner is the registered owner of Tata Motors MGV Tipper lorry bearing registration No.KL 21A 3343. The case of the petitioner is that the said vehicle is permitted to transport four metric ton river sand from Kulikkadavu to Kottarakkara, on 18.2.2010. On the same day at about 12.30 p.m. the said vehicle was taken into custody by the first respondent alleging illegal transportation of river sand in violation of the provisions of Act 18 of 2001. The petitioner submitted an application, Ext.P4 before the second respondent on 24.2.2010 seeking release of the vehicle. Aggrieved by the delay in the matter, this writ petition is filed for a direction to the respondents to release the vehicle by way of interim custody. 2. Heard learned counsel for the petitioner and learned Govt. Pleader. There will be a direction to the second respondent to take a decision on Ext.P4 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 v. State of Kerala wpc8330 /2010 2 (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 second 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/