IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 29789 of 2008(U) -------------------------------------- PETITIONER: ------------------ P.T. HANEEFA, S/O MUHAMMED, AGED 28 YEARS, PUNNAPURATHODI HOUSE, P.O. KADAMPUZHA, MALAPPURAM DISTRICT. (AGREEMENT OWNER OF KL 10 -S 3440) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE MALAPPURAM. 2. SUB INSPECTOR OF POLICE, THIRUR POLICE STATION, MALAPPURAM DISTRICT. 3. ASST. MOTOR VEHICLE INSPECTOR (AMVI), SUB RTO OFFICE, THIRUR, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V. GIRI, J. ------------------------------- WP(C).NO. 29789 of 2008 --------------------------------- Dated this the 7th day of October, 2008. JUDGMENT The petitioner is aggrieved that a vehicle which was being used by him for carriage of goods including building materials has been seized by the second respondent on the ground that it was used for transportation of sand in contravention of the provisions of the Kerala Protection of River Banks (Protection and Regulation of Removal of Sand) Act 2002. The vehicle is now under the custody of the second respondent. 2. The provisions of the Act contemplate that proceedings for confiscation of the vehicle and therefore release of the same will have to be taken by the District Collector. Accordingly, the writ petition is disposed of directing the first respondent to pass final orders in the matter of release of the vehicle seized from the custody of the petitioner bearing registration No.KL10/S 3440 under WPC.29789 /2008 2 section 23 of the Act read with Rule 27(3) of the Rules within two weeks from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent. V. GIRI, JUDGE. Pmn/ WPC.29789 /2008 3