IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 WP(C).No. 37502 of 2010(K) ---------------------------------------- PETITIONER(S): ------------------------ THE SUNDARAM FINANCE LTD. REPRESENTED BY K.V.N.SURESH, MANAGER, KOCHIN C.V. BRANCH OFFICE, IST FLOOR, THE MONARCH, P.T. USHA RAOD, ERNAKULAM. BY ADV. SRI.VPK.PANICKER RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR- 680 001. 2. THE SUB INSPECTOR OF POLICE, VELLIKKULANGARA POLICE STATION, 680 693. 3. SHAJI, AKKARAPARAMBIL HOUSE, PANTHALLOOR, (VIA) NELLAI P.O, THRISSUR DISTRICT, PIN- 680 305. R1 & R2 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs ANTONY DOMINIC, J. ------------------------- W.P (C) No.37502 of 2010 -------------------------- Dated this the 17th December, 2010 J U D G M E N T Petitioner is a financier of the vehicle bearing registration No.KL-45/6105. According to the petitioner, the Madras High Court has passed an order of confiscation. 2. In the meanwhile, the vehicle is involved in a proceedings initiated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Coming to know of the same, petitioner made Ext.P5 application to the 1st respondent for interim custody. No order has been passed and therefore this writ petition is filed. 3. As per the amendment of the Act on 14.6.2010, the application ought to have made before the Sub Divisional Magistrate. Therefore, it is directed that it will be open to the petitioner to file an application before the Sub Divisional Magistrate and that if the petitioner files an application, the Sub Divisional Magistrate shall consider W.P (C) No.37502 of 2010 2 the same with notice to the registered owner of the vehicle and orders will be passed, in accordance with law. Writ petition is disposed. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge