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Kerala High Court
Joshy P.L. vs The District Collector on 29 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2900 of 2010(J)


1. JOSHY P.L., S/O.LONAPPAN,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.SHOBY K.FRANCIS

                For Respondent  : No Appearance

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

 Dated :29/01/2010

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                  W.P.(C). No.2900/2010-J
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
           Dated this the 29th day of January, 2010

                      J U D G M E N T

The petitioner herein is the registered owner and in

possession of a mini Lorry bearing Registration No.KL-08-

AP-5803. On 27/01/2010, the said vehicle was intercepted

by the Sub Inspector of Police and seized alleging illicit

transportation of river sand. It is the case of the

petitioner that the said vehicle was used for

transportation of building materials including sand. It is

submitted that at the time of seizure, the vehicle

contained ordinary filter sand, for which no permit is

required, taken from a private property.

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.P2 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.P2 within a period of seven days

from the date of production of a copy of this judgment, in

W.P.(C). No.2900/2010
-:2:-

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 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.)

ms


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