IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 1208 of 2010(A) ------------------------- PETITIONER(S): --------------- AJAYAKUMAR, AGED 32 YEARS, S/O.K.K.VASUDEVAN, KAVILAYIL HOUSE, VKD 1/8, NARIYAPURAM P.O., VALLIKKODE VILLAGE, KOZHANCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. SENIOR GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1208/2010-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of January, 2010 J U D G M E N T The petitioner herein is the registered owner of a mini lorry bearing Registration No.KL-07-M-534. On 16/12/2009, at about 2.00 p.m, the said vehicle was intercepted by the Sub Inspector of Police alleging illicit transportation of sand. According to the petitioner, the driver carried gravel for putting it in the petitioner's courtyard. Now the vehicle has been seized and proceedings under Kerala Protection of River Banks and Regulation of Removal of Sand Act have been initiated. The petitioner has already filed an application for interim custody of the vehicle as per Ext.P2. It is prayed that the District Collector may be directed to pass appropriate orders on the application. 2. Heard the learned Government Pleader appearing for the respondents. There will be a direction to the second respondent to take a decision on Ext.P2 application for the interim custody of the vehicle in the light of the decision of this Court in Subramanian v. State of Kerala [2009 (1) KLT 77). The second respondent is free to impose such conditions which he deems fit. The decision as such will be taken 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 second respondent to finalise the W.P.(C). No.1208/2010 -:2:- proceedings, if any, initiated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act also within a period of two months from the date of receipt of a copy of this Judgment after hearing necessary parties and after assessing various materials produced by them. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms