IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 33723 of 2008(M) -------------------------- PETITIONER(S): --------------- BAIJU JOSE, S/O. JOSE, AGED 29 YEARS, URUMBAN HOUSE, MANIKKAMANGALAM.P.O. KALADY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT (OWNER OF MINI LORRY BEARING REGISTRATION NO. KC-7-AU-2610) BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).33723/2008 -------------------- Dated this the 17th day of November, 2008 JUDGMENT Petitioner is the registered owner of a Mini lorry bearing registration No.KL-7-AU-2610, which was seized by the second respondent on the allegation that it was being used to carry river sand without any valid pass or document. Ext.P2 application filed by the petitioner for release of the vehicle is pending before the first respondent. First respondent is to pass final orders in terms of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, and the Rules framed thereunder. Petitioner's vehicle is now kept in the premises of police station. Petitioner has sought for the release of the vehicle forthwith. 2. Having heard learned Government Pleader also, writ petition is disposed of directing the first respondent to adjudicate the matter in connection with the seizure and confiscation of the vehicle belonging W.P.(C).33723/2008 2 to the petitioner bearing registration No. No.KL-7-AU- 2610 in terms of the provisions of Section 23 of the Act and Rule 27(3) of the Rules, within a period of two weeks from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs