IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4463 of 2010(G)
1. PRADEEPAN.P.P, AGED 40 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, KANNUR.
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.JAMES ABRAHAM (VILAYAKATTU)
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :11/02/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
~~~~~~~~~~~~~~~~~~~~~~~~~~~
W.P.(C). No.4463/2010-G
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Dated this the 11th day of February, 2010
J U D G M E N T
The petitioner herein is the owner and in possession of
a goods carriage bearing Registration No.KL-13-S-8645. On
07/01/2010, 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 sand with a valid permit. Ext.P2 is the
true copy of the pass.
2. The petitioner has filed an application for interim
custody of the vehicle before the first respondent. Ext.P3
is the copy of the said application. 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. The first 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
deems fit to impose. Therefore, there will be a direction
W.P.(C). No.4463/2010
-:2:-
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 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.
5. The petitioner is relying upon Ext.P2, a copy of
the permission issued by the competent authority to
transport sand. Therefore, the same will also be verified
by the District Collector while considering the application
for interim custody.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms