IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5830 of 2010(C)
1. BIJU.K.D., AGED 30 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, ERNAKULAM,
... Respondent
2. THE S.I. OF POLICE, ANGAMALY,
3. THE DISTRICT GEOLOGIST, KOTTAYAM,
For Petitioner :SRI.P.V.PRAKASAN
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :23/02/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.5830/2010-C
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Dated this the 23rd day of February, 2010
J U D G M E N T
The petitioner herein is the owner and in possession of
a Eicher lorry bearing Registration No.KL-40-B-364. On
12/01/2010, 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 used for
transportation of ordinary sand purchased from one Shri
Sojan, Vengoor, Angamaly as per Ext.P2 Cash Memorandum in
Form ‘P’ and he had not transported river sand.
2. The petitioner made a request to the first
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.P3 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 first respondent
to take a decision on Ext.P3 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
W.P.(C). No.5830/2010
-:2:-
Court in various decisions and, on such terms and
conditions which he deems fit to impose. The matter will
be considered in accordance with law. There will be a
further direction to the first 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.
Sd/-
(T.R. Ramachandran Nair, Judge.)
ms
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P.A TO JUDGE
