IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 13555 of 2011(T) -------------------------- PETITIONER: --------------- JOSE PAUL, S/O. POULOSE, AGED 47 YEARS, KODIYANPARAYIL,KALLARKUTTY.P.O.,VALLATHOOVAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. (AGREEMENT HOLDER OF A TIPPER LORRY BEARING REGISTRATION NO.KL-40-B-1926). BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: --------------- 1. THE SUB DIVISIONAL MAGISTRATE, DEVIKULAM, IDUKKI DISTRICT-685602. 2. THE SUB INSPECTOR OF POLICE, ADIMALY POLICE STATION, IDUKKI DISTRICT-685602. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.13555 OF 2011 -------------------------------------------------- Dated this the 30th day of May 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and dispose Ext.P3 representation after conducting a personal enquiry in the above matter and after verifying the genuineness of pass and release the petitioner's vehicle without insisting for any payment. ii) Issue such other writ or orders or directions, which this Hon'ble Court may deem fit and proper in the interest of justice and circumstances of the case. 2. When the matter came up for consideration on 20-05-2011, the following interim order was passed. “Post on 30-05-2011. Meanwhile the 1st respondent is directed to consider and pass appropriate orders on Ext.P3 petition seeking release of the vehicle, if necessary after affording an opportunity of hearing to the petitioner, at the earliest possible, at any rate within a period of 3 days from the date of receipt of a copy of this order.” 3. The learned Government Pleader appearing for the respondents submits on instruction, that the matter was considered and final orders were passed already, whereby the vehicle bearing No.KL-40-B-1926, which was seized on 07-04-2011, in respect of the W.P.(C) No.13555/2011 2 offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, has been confiscated. This being the position, if at all the petitioner is aggrieved in any manner, the petitioner has to pursue the remedy as provided under the statute. In the said circumstances, this Writ Petition is closed without prejudice to such rights and liberties. vdv P.R.RAMACHANDRA MENON, JUDGE