IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 19604 of 2011(A) -------------------------- PETITIONER(S): --------------- SOORAJ S/O KOCHUMON, THACHAYAPPILLY HOUSE, THALIYAKKONNAM,MAPRANNAM, MADAYIKONNAM VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT 680003 2. THE SUB INSPECTOR OF POLICE, KATTOOR POLICE STATION, THRISSUR DISTRICT 680001 R1 AND R2 BY GOVERNMENT PLEADER SMT M.J. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS P1. COPY OF THE F.I.R IN CRIME NO.620/2010 OF KATTOOR POLICE STATION DATED 05.12.2010 P2. COPY OF THE SUMMONS ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE. IRINJALAKKUDA DATED 10.05.2011 P3. COPY OF THE REPRESENTATION DATED 02.07.2011 P4. COPY OF THE ABOVE NOTICE / MEMO DATED 06.07.2011 RESPONDENTS' EXHIBITS NIL // TRUE COPY // PA TO JUDGE kkj P.R.RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 19604 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of July , 2011 J U D G M E N T The vehicle bearing no.KL-17-2379 was seized by the second respondent on 05.12.2010 alleging illegal transportation of river sand. The case of the petitioner is that, the petitioner is innocent of the alleged offence, though a crime has been registered as bound by Ext.P1 FIR. The prayer is to release the custody of the vehicle to the petitioner. 2. Heard the learned government pleader as well. 3. The petitioner has preferred an application before the first respondent as borne by Ext.P3 for redressal of the grievances. This Court finds that the competent authority to consider and finalise the proceedings is the Sub Divisional Magistrate, by virtue of the amendment of the statute with effect from 14.06.2010. The writ petition is disposed of, with a liberty to the petitioner to approach the concerned Sub Divisional 2 W.P.(C)No. 19604 of 2011 Magistrate by filing a proper petition, within two weeks, on which event, the same shall be considered with regard to the interim custody of the vehicle, taking note of the observations made by the Full Bench of this Court in [Shan C.T. Vs. State of Kerala[2010(3) KHC 333] passing orders within one week. Final orders shall be passed in the adjudication proceedings within six weeks, thereafter. The petitioner shall produce the copy of the judgment, along with a writ petition, before concerned the Sub Divisional Magistrate. The first respondent shall transfer all the proceedings, if any, pending before him, to the concerned Sub Divisional Magistrate forthwith. P.R.RAMACHANDRA MENON JUDGE kkj