IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 32287 of 2010(I) -------------------------- PETITIONER(S): --------------------- SULAIKHA,AGED 50 YEARS,W/O.KUNHIVAVA, 25/54,KEEKKATTIL HOUSE,PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): ------------------------ 1. THE PORT CONSERVATOR,PONNANI PORT OFFICE PONNANI NAGARAM(P.O),PONNANI,MALAPPURAM DIST, PIN-676505. 2. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION,PONNANI.P.O, MALAPPURAM DISTRICT-676505. 3. THE SECRETARY,PONNANI MUNICIPALITY, PONNANI(P.O),MALAPPURAM DISTRICT-676505. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO. 32287 OF 2010(I) -------------------------------------------------- Dated this the 26th day of October, 2010 J U D G M E N T Petitioner submits that he is the owner of a light motor vehicle bearing registration No.-10P-2986.. According to the petitioner, he was transporting sand from the Ponnani Harbour and that while so, the 2nd respondent seized the vehicle as per Ext.P2 mahazar. In this writ petition the complaint is that though the seizure was made as early as on 30.9.2010, the 2nd respondent has not produced the vehicle before any of the authorities. 2. However,the learned Government Pleader who has obtained instructions in the matter submits that proceedings initiated against the vehicle and the petitioner are under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. It is stated that the report has already been made to the Sub DivisionaL Magistrate, the Officer designated under the said Act for initiating further action. According to the Government Pleader, as the proceedings against the petitioner and the vehicle are under the Kerala Protection of River Banks and Regulation of Removal of Sand Act and WPC.No.32287 /2010 :2 : as report was made to the Sub Divisional Magistrate, it is for the Sub Divisional Magistrate to complete the proceedings under the said Act. 3. Taking note of the aforesaid submissions, it is directed that the said officer shall complete the adjudication in accordance with law and in accordance with the Full Bench judgment in Shan C.T. v. State of Kerala [2010(3)KHC 333] . Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/