IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 27294 of 2011(J) -------------------------- PETITIONER(S): --------------- ARAVINDAKSHAN, S/O KUMARAN, 129/9, KIZHEKKE KUNIYIL HOUSE, P.O.KAYAPPANICHI, VATAKARA. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE - 673 001. 2. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE - 673 001. 3. THE SUB INSPECTOR OF POLICE, CHOMBAL - 673 308. BY GOVT. PLEADER SRI.MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27294 of 2011(J) APPENDIX PETITIONER'S EXHIBITS :- EXT.P1 : TRUE COPY OF THE RELEVANT PORTION OF THE REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE. EXT.P2 : TRUE COPY OF THE PERMIT OF THE PETITIONER'S VEHICLE EXT.P3 : TRUE COPY OF THE PASS DATED 03-07-2011. EXT.P4 : TRUE COPY OF THE CIRULAR DATED 11-11-2010 ISSUED BY THE GOVERNMENT. RESPONDENT'S EXHIBITS : NIL. // TRUE COPY// P.A TO JUDGE amk. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 27294 OF 2011 ----------------------------------------------------- Dated this the 14th day of October, 2011 J U D G M E N T Petitioner is the registered owner of a lorry bearing Reg.No.KL 11/J 7512. According to the petitioner, on the allegation that lorry was used for unauthorised transportation of river sand in violation of the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 the lorry was seized by the 3rd respondent and proceedings are now pending before the 2nd respondent. It is at that stage this writ petition is filed. 2. In my view since the statutory authority is seized the vehicle it is premature for this court to entertain the writ petition at this stage. Therefore the writ petition is disposed of leaving it open to the petitioner to approach the 2nd respondent before whom the aforesaid proceedings are stated to be pending. W.P.(C) No. 27294 OF 2011 :2 : 3. It is also directed that in the meanwhile if the petitioner so desires, he can seek interim custody of the vehicle by making an appropriate application before the 2nd respondent and on production of a copy of this judgment, the 2nd respondent will consider the application without delay and pass orders thereon, applying the principles laid down in the Full Bench decision of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge