IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 21951 of 2011(T) --------------------------------------- PETITIONER(S): ------------------------ SHAJI P.A., AGED 36 YEARS, S/O.ALIYAR, PATTAMMAVUDIYIL HOUSE, MANNAMKALA KARA, ADIMALY P.O., MANNAMKANDOM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.PADAYATTEE YELDO RESPONDENT(S): --------------------------- THE DISTRICT COLLECTOR, IDUKKI, CIVIL STATION, KUYILMALA, PAINAVU P.O.,PIN-685 603, REPRESENTING THE STATE OF KERALA THROUGH THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.M.H.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.21951/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REGISTRATION CERTIFICATE OF TIPPER LORRY NO.K.L.6D/1218 DATED 05/12/05. P2 COPY OF THE INSURANCE CERTIFICATE IN NAME OF PETITIONER DATED 25/12/2010. P3 COPY OF THE ORDER OF SUB COLLECTOR,DEVIKULAM DATED 18/05/2011. P4 COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE RESPONDENT DATED 21/06/2011. P5 COPY OF THE RECEIPT ISSUED FROM THE COURIER SERVICE DATED 20/06/2011 P6 COPY OF THE RECEIPT ISSUED FROM THE COURIER SERVICE DATED 20/06/2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J ............................................. W.P.(C).21951/2011 .............................................. Dated this the 11th day of August, 2011 JUDGMENT Petitioner is the owner of a tipper lorry bearing registration No.KL 6/D-1218. Proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2011, was initiated against the vehicle in question which culminated in Ext.P3 order of the Sub Divisional Magistrate. Aggrieved by Ext.P3, petitioner has filed Ext.P4 revision under Section 23B of the Act. The revision is pending before the first respondent and complaining of delay in passing orders thereon, the writ petition is filed. 2. If as stated by the petitioner, Ext.P4 revision has been received and is pending, necessarily the first respondent shall consider and dispose of the same in accordance with law. This the first respondent shall do as expeditiously as possible, with notice to the parties concerned. 3. It is directed that in the meanwhile, if the petitioner is desirous of getting interim custody of the vehicle, it will be W.P.(C).21951/11 2 open to him to make appropriate application in this regard in which event, same shall be dealt with in accordance with the principles laid down by a Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. Writ petition is disposed of. ANTONY DOMINIC, Judge mrcs