IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 31626 of 2010(C) -------------------------- PETITIONER(S): --------------- AREEF AZAD, S/O. ABDUL KALAM AZAD, AGED 41 YEARS, THAYYIL VEEDU, MADAN VILA, PERUMATHURA, AZHOOR VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DISTRICT COLLECTOR, KASARAGOD-671121 3. THE TAHSILDAR, KASARAGOD TALUK, KASARAGOD-671121. 4. THE SUB INSPECTOR OF POLICE, CHANDERA POLICE STATION, KASARAGOD DISTRICT. PIN-671121. 5. SUDHEER, S/O. ALI AKBAR, SHALI NIVAS, ALAMCODE VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM, OF TC 39/1257 (3) BISMI NAGAR ATTAKULANGARA, CHALAI, THIRUVANANTHAPURAM-695023. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.31626 of 2010 (C) --------------------------------- Dated, this the 20th day of October, 2010 J U D G M E N T In this writ petition, the petitioner complains that his vehicle has been detained on the allegation that the vehicle was used for transportation of river sand in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. According to the petitioner, he has made application for interim custody of the vehicle, but his application was not considered. With this grievance, this Writ Petition has been filed. 2. A Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333] has laid down the manner in which such applications for interim custody should be dealt with. Therefore, all that is necessary in this Writ Petition is to direct the petitioner to approach the Sub Divisional Magistrate, in which event the Sub Divisional Magistrate shall deal with the application in the light of the provisions of the Act referred above and in the manner as WP(C) No.31626/2010 -2- directed by the Full Bench of this Court in the judgment referred above. The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before the Sub Divisional Magistrate for appropriate action. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg