IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8330 of 2010(M)
1. PREJITH, S/O.SURENDRAN,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. DISTRICT COLLECTOR, KOLLAM.
For Petitioner :SRI.DILEEP P.PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :12/03/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 8330 of 2010-M
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Dated this the 12th day of March, 2010.
JUDGMENT
The petitioner is the registered owner of Tata Motors MGV Tipper
lorry bearing registration No.KL 21A 3343. The case of the petitioner is
that the said vehicle is permitted to transport four metric ton river sand
from Kulikkadavu to Kottarakkara, on 18.2.2010. On the same day at
about 12.30 p.m. the said vehicle was taken into custody by the first
respondent alleging illegal transportation of river sand in violation of the
provisions of Act 18 of 2001. The petitioner submitted an application,
Ext.P4 before the second respondent on 24.2.2010 seeking release of the
vehicle. Aggrieved by the delay in the matter, this writ petition is filed for
a direction to the respondents to release the vehicle by way of interim
custody.
2. Heard learned counsel for the petitioner and learned Govt. Pleader.
There will be a direction to the second respondent to take a decision on
Ext.P4 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 including Subramanyan v. State of Kerala
wpc8330 /2010 2
(2009 (2) KLT 77) and on such terms and conditions. The matter will be
considered in accordance with law. There will be a further direction to the
second 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.)
kav/