IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 3872 of 2010(H) ------------------------- PETITIONER: --------------- SIYAD.K.H, S/O.HAMZA, KATTIKODATH THURUVATH, ADUVATHURUTHY, VELIYATHUNADU WEST, ERNAKULAM DISTRICT. BY MR.BABU S. NAIR, ADVOCATE RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION, ERNAKULAM DISTRICT. BY MR.P.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.3872 OF 2010 --------------------------------------- Dated this the 10th day of February, 2010. J U D G M E N T The petitioner herein is the owner of a goods carriage - Mini Lorry bearing Registration No.KL-05N/9140. He is also a dealer under the Kerala Minor Mineral Concession Rules as per Exhibit P1 licence. The above vehicle was seized by the 2nd respondent on 10.11.2009 on the allegation of illegal transportation of river sand. The petitioner contends that the vehicle contained only ordinary sand. 2. The petitioner seeks for a direction commanding the 1st respondent-District Collector to take the sample of the sand from the lorry and send the sample for examination by an expert to find out as to whether the sand carried in the lorry is ordinary sand or river sand. Apart from the same, the petitioner is also seeking for interim custody of the vehicle. The District Collector is having ample powers to consider the prayer for release of the vehicle as an interim measure. W.P.(C) No.3872/2010 2 If the petitioner moves the 1st respondent with an application to release the vehicle by way of interim custody, the same will be considered and appropriate orders shall be passed 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 as he deems fit to impose. Regarding the question whether the testing of the sample of the sand is required or not, the 1st respondent will take appropriate decision, after hearing the petitioner, expeditiously. The final order under the Act will be passed after hearing the petitioner within a period of two months from the date of production of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp