IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 4630 of 2010(C) 1. RAGHAVAN P.K., AGED 65 YEARS, ... Petitioner Vs 1. THE DISTRICT COLLECTOR, ... Respondent 2. THE SUB INSPECTOR OF POLICE, For Petitioner :SRI.SIRAJ KAROLY For Respondent : No Appearance The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR Dated :15/02/2010 O R D E R T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.4630/2010-C, 4631/2010-D, 4632/2010-D, 4633/2010-D & 4634/2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of February, 2010 J U D G M E N T
The petitioners herein are the registered owners and in
possession of goods carriages bearing Registration Nos.KL-
39-A-8737, KL-39-3451, KL-39-A-849, KL-36-7119 & KL-36-4572
respectively. The said vehicles were intercepted by the
Sub Inspector of Police and were seized alleging illicit
transportation of river sand on 23/12/2009, 04/01/2010,
19/12/2009, 19/12/2009 and 19/12/2009 respectively. It is
the case of the petitioners that the said vehicles were
used for transportation of sand with valid permits.
2. The petitioners have made a request to the first
respondent for interim custody of the vehicles in the light
of the decision of this Court in Subramanian v. State of
Kerala [2009 (1) KLT 77). Aggrieved by the delay in
disposal of their requests, the petitioners have filed
these writ petitions.
3. Heard learned counsel for the petitioners and the
learned Government Pleader.
4. There will be a direction to the first respondent
to take a decision on the applications submitted by the
petitioners within a period of seven days from the date of
W.P.(C). Nos.4630/2010-C, 4631/2010-D,
4632/2010-D, 4633/2010-D & 4634/2010
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 petitioners and after considering the
pleas raised by the petitioners, on merits.
5. The learned counsel for the petitioners pointed
out that the vehicle is kept without unloading sand which
will cause damage to the vehicles.
6. It is submitted by the learned Government Pleader
today, that the sand has already been unloaded.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)