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
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.)