IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 6928 of 2010(M) -------------------------------------- PETITIONER(S): ----------------------- K.G.BABU, S/O. GOPALAN, AGED 49 YEARS, KANAKKASSERY HOUSE, VETTUKADAVU ROAD, CHALAKUDY, THRISSUR DISTRICT. BY ADV. MR.A.D.SHAJAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, INDUSTRIAL (G) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. SUB INSPECTOR OF POLICE, CHALAKUDY. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6928 of 2010-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2010. JUDGMENT The petitioner is a registered owner of lorry bearing registration No.KL-8-AC 4139. The said vehicle was seized by the third respondent on 21.2.2010 alleging illegal transportation of river sand. It is the case of the petitioner that at the time when the vehicle was seized it was empty and no sand was there. It is the case of the petitioner that he is transporting sand only as per the provisions of the Act and with sufficient documents and therefore his vehicle is not liable for confiscation. The petitioner approached the Judicial First Class Magistrate's Court, Chalakudy for the release of the vehicle, but the same was dismissed as per order dated 2.3.2010. The petitioner submitted Ext.P3 representation to the second respondent seeking release of the vehicle. Since no action is taken on Ext.P3, this writ petition is filed for a direction to the respondents to grant interim custody of the vehicle. 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.P3 within a period of seven days from the date of wpc 6928/2010 2 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 (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/