IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6519 of 2010(L)
1. HYDERAL
... Petitioner
Vs
1. THE DISTRICT COLLECTOR
... Respondent
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :01/03/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.6519/2010-L3
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Dated this the 1st day of March, 2010
J U D G M E N T
The petitioner herein is the registered owner and in
possession of a jeep bearing Registration No.KL-11-E-3033.
On 24/02/2010, the said vehicle was intercepted by the Sub
Inspector of Police and was seized alleging illicit
transportation of river sand. The petitioner has filed
this writ petition seeking for a direction to the
respondents to release the above vehicle to the petitioner.
It is the case of the petitioner that the vehicle was
seized from the residential compound along with the sand
kept in six cement bags. It is submitted that some
construction works in connection with latrine and bathroom
were going on and since the sand exhausted, he had borrowed
six bags of sand from his neighbour. It was these bags
which the police had seized.
2. Heard learned counsel for the petitioner and the
learned Government Pleader.
3. The respondent is conferred with the power to
consider the release of the vehicle by way of an interim
measure in the light of the decision of this Court in
Subramanian v. State of Kerala [2009 (1) KLT 77), after
assessing various materials and on such conditions which he
W.P.(C). No.6519/2010
-:2:-
deems fit to impose. Therefore, if the petitioner moves
the first respondent for interim custody of the vehicle,
the first respondent will consider the same and pass
appropriate orders within a period of seven days from the
date of receipt of the application, 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 be considered in accordance
with law. There will be a further direction to the first
respondent to pass final orders in respect of the
proceedings, if any, initiated under the Act also 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.)
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