IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5837 of 2010(D)
1. SHAMIL C.,AGED 21 YEARS,S/O.KRISHNAN.V.
... 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 :23/02/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.5837/2010-D
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Dated this the 23rd day of February, 2010
J U D G M E N T
The petitioner herein is the registered owner and in
possession of a goods carriage bearing Registration No.KL-
58-A-2434. On 01/02/2010, the said vehicle was intercepted
by the Sub Inspector of Police and was seized alleging
illicit transportation of river sand excavated from the
Kolachery Grama Panchayat area. It is the case of the
petitioner that at the time of seizure the said vehicle was
being loaded with sand from Kambil which place falls within
the Kolachery Grama Panchayat. But, the sand was imported
from Mangalore. The petitioner has filed this writ
petition seeking for a direction to the respondents to
release the above vehicle to the petitioner.
2. Heard learned counsel for the petitioner and the
learned Government Pleader.
3. The 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, if the petitioner moves
the first respondent for interim custody of the vehicle,
W.P.(C). No.5837/2010
-:2:-
the first respondent will consider the same and pass
appropriate orders within a period of seven days from the
date of receipt of the application, 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 in respect of the
proceedings, if any, initiated under the Act also 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.
Sd/-
(T.R. Ramachandran Nair, Judge.)
ms
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P.A TO JUDGE