High Court Kerala High Court

Sudheer.M.K. vs The Sub Inspector Of Police on 6 April, 2010

Kerala High Court
Sudheer.M.K. vs The Sub Inspector Of Police on 6 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11667 of 2010(G)


1. SUDHEER.M.K., S/O.KUNJUMOHAMMED,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. THE DISTRICT COLLECTOR, ERNAKULAM.

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :06/04/2010

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                  W.P.(C). No.11667/2010-G
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
            Dated this the 6th day of April, 2010

                      J U D G M E N T

The petitioner herein is the agreement owner of a mini

lorry bearing Registration No.KL-07-AP-3328. On

24/03/2010, the said vehicle was intercepted by the Sub

Inspector of Police and was seized alleging illicit

transportation of river sand. It is the case of the

petitioner that the said vehicle was not involved in any

such offence and the false case is implicated.

2. The petitioner made a request to the second

respondent for interim custody of the vehicle in the light

of the decision of this Court in Subramanian v. State of

Kerala [2009 (1) KLT 77). Ext.P1 is the copy of the said

request. Aggrieved by the delay in disposal of the said

application, the petitioner has filed this writ petition.

3. Heard learned counsel for the petitioner and the

learned Government Pleader.

4. There will be a direction to the second respondent

to take a decision on Ext.P1 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 which he deems fit to impose. The matter will

W.P.(C). No.11667/2010
-:2:-

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 the registered owner, and after considering

the pleas raised by the petitioner, on merits.

The writ petition is disposed of as above. No costs.

Sd/-

(T.R. Ramachandran Nair, Judge.)

ms
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