IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 35056 of 2008(W) -------------------------- PETITIONER(S): --------------- ABDUL REHIMAN, S/O.SULAIMAN, THERUVAKKODE HOUSE, MANKURRUSSI, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, PALAKKAD. 3. DEPUTY SUPERINTENDENT OF POLICE, SHORNUR. 4. C.MUJEEB REHIMAN, S/O.ABDUL HAMEED, PULLIYALIL HOUSE, PULIKKAL POST, MALAPPURAM. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35056/2008 -------------------- Dated this the 27th day of November, 2008 JUDGMENT Petitioner claims to be in possession of a Tipper Lorry bearing registration No.KL 10 AA 156, which was seized on the allegation that it was being used to carry river sand without any valid pass or document. Third respondent taken custody of the vehicle and prepared Ext.P2 seizure mahazar. After preparing the mahazar, third respondent produced the vehicle before the second respondent, the District Collector, along with a report in this behalf. District Collector is to pass final orders in terms of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, and the Rules framed thereunder. Petitioner has sought for the release of the vehicle forthwith. 2. Having heard learned Government Pleader also, writ petition is disposed of directing the second respondent to adjudicate the matter in connection with W.P.(C).35056/2008 2 the seizure and confiscation of the vehicle belonging to the petitioner bearing registration No.KL 10 AA 156 in terms of the provisions of Section 23 of the Act and Rule 27(3) of the Rules, within a period of two months from the date of receipt of a copy of this judgment. District Collector shall pass orders keeping in mind the guidelines laid down by this Court in the judgment in Writ Petition No. 15847/2008 and Connected Cases. It is made clear that if the petitioner files an application for interim custody of the vehicle, same shall also be dealt with taking note of the guidelines contained in the aforementioned judgment, within two weeks from the date of production of a copy of the judgment. V.GIRI, Judge mrcs