IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 WP(C).No. 18513 of 2009(H) -------------------------- PETITIONER(S): --------------- ANIL KUMAR.V.R., AGED 30 YEARS, S/O.BHASKARAN, VALUPARAMBIL HOUSE, PULLOOPRAM (P.O), RANNY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE SUB INSPECTOR OF POLICE, RANNY. BY GP SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2009, ALONG WITH W.P.(C).18447/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C)s.18513 &18447/2009 -------------------- Dated this the 10th day of July, 2009 JUDGMENT Common contentions are raised in the writ petitions. Therefore, they have been heard together and and are being disposed of by a common judgment. I will refer to the facts in Writ Petition No.18513/2009 in the first instance. 2. Petitioner is the registered owner of a Swaraj Mazda mini lorry which was originally seized by the 2nd respondent on the ground that it was found transporting river sand unauthorizedly. Vehicle was released to the petitioner on interim custody by orders of the Judicial Magistrate of First Class, Ranny. Thereafter, the 1st respondent passed an order, Ext.P3, directing seizure of the vehicle. This was interdicted by this Court in Writ Petition No.4330/2009 as evidenced by Ext.P4 judgment. Though the 1st respondent has taken steps to pass final orders under Section 23 of the Kerala Protection of River Banks and Regulations of Removal of Sand Act, 2001, that has not been done. In the meanwhile, the case is posted for a hearing before the District Collector on 15.7.2009. Writ W.P.(C).18513 &18447/09 2 petition has been filed alleging that the vehicle was taken into custody by the 2nd respondent again even before orders have been passed by the District Collector. 3. Learned Government Pleader, on instructions, submits that the vehicle has not been seized and the petitioner is free to use it. The seizure will be only in consequence of the final order that the District Collector may pass after hearing the petitioner. This submission is recorded. It is declared that the petitioners are therefore, entitled to use the vehicles bearing registration Nos.KL-2 N 2728, KL- 7/7326 and KL-5 H 4574, as if they have not been seized. Any seizure shall only be subject to the final order that the District Collector may pass under Section 23 of the Act. The police officials who are allegedly preventing the petitioners from using the vehicle shall take note of this declaration and act accordingly. Writ petitions are disposed of as above. V.GIRI, Judge mrcs