IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32871 of 2011(H) --------------------------------------- PETITIONER(S): ---------------------- 1. VIJESH V.V., S/O.VIJAYAPPAN, VADAKARA VIJESHALAYAM, THIRUVALLOOR.P.O., CHERTHALA, ALAPPUZHA DISTRICT. 2. VIJAYAPPAN.V.K., S/O.KANDAKUNJU, VADAKKEKARIYIL, THIRUVALLOOR.P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADVS. SRI.B.RENJITHKUMAR SRI.RAKESH SHARMA M.S. RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, CHERTHALA.688 529. 2. THE TAHASILDAR, CHERTHALA, ALAPPUZHA DISTRICT.688 001. 3. THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA.688 001. 4. THE DISTRICT COLLECTOR, ALAPPUZHA.688 001. 5. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.695 001. BY GOVT. PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO. 32871/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LICENCE DL.125/09-10/MM/92 DOA/716/DTD. 31.3.2010 OBTAINED BY THE PETITIONER FROM MINERAL REVENUE INSPECTOR. P2:- COPY OF THE SEIZED MAHAZAR PREPARED BY THE IST RESPONDENT ON 22.7.2010. P3:- COPY OF THE REPORT DTD. 22.7.2010 SUBMITTED BY THE IST RESPONDENT BEFORE 4TH RESPONDENT. P4:- COPY OF THE REPORT DTD. 16.8.2010 SENT BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. P5:- COPY OF THE REPRESENTATION DT.D 28.9.2010 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P6:- COPY OF THE REPRESENTATION DTD. 30.9.2010 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P7:- COPY OF THE JUDGMENT DT.D 22.10.2010 IN WPC. 32419/2010 (B). P8:- COPY OF THE VALUATION CERTIFICATE DT.D 23.12.2010. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32871 of 2011 H ``````````````````````````````````````````````````````````` Dated this the 9th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ First petitioner is the registered owner of a vehicle bearing registration No.KL-10S-2579 and the second petitioner claims to be the owner of the load of sand which the vehicle carrying. It is stated that the vehicle was seized on 22.07.2010 by the first respondent, alleging violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The matter is now pending before the third respondent and it appears that the third respondent passed an order giving interim custody of the vehicle to the first petitioner. However, that order was not availed of. It is thereafter this writ petition is filed, complaining about the violation that has been done. 2. As already seen, the proceedings are pending and it is for the third respondent to finalise the proceedings. W.P.(C) No.32871/2011 : 2 : Therefore, I direct the third respondent to finalise the proceedings in respect of the vehicle in question, with notice to the parties concerned and as expeditiously as possible. 3. As far as the valuation done is concerned, going by the materials available, the valuation was done by the Assistant Motor Vehicles Inspector, whose report is produced as Ext.P8. Reading of Ext.P8 does not persuade me to think that the report is perverse or needs any interference by this Court. Therefore, directing finalisation of the proceedings in respect of the vehicle in question as expeditiously as possible, the writ petition is disposed of. Sd/- (ANTONY DOMINIC, JUDGE) aks/09/12 // True Copy // P.A. To Judge