IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 23882 of 2010(I) --------------------------------- PETITIONER: --------------- JAYALAL AGED 39 YEARS, S/O.AYYAPPAN, VATTATHARA HOUSE, POONITHURA VILLAGE, POONITHURA DESAM, KANAYANNOOR TALUK. BY ADV. MR.SIRAJ KAROLY RESPONDENTS: -------------------- 1. THE SUB DIVISIONAL MAGISTRATE,FORT KOCHI (REVENUE DIVISIONAL OFFICER),FORT KOCHI, PIN-682 001. 2. THE SUB INSPECTOR OF POLICE, THRIPPUNITHURA HILL PALACE POLICE STATION, THRIPPUNITHURA PO, ERNAKULAM DISTRICT-682 301 3. THE GEOLOGIST ERNAKULAM,DEPARTMENT OF MINING AND GEOLOGY CIVIL STATION, KAKKANADU, ERNAKULAM DISTRICT-682 030. 4. DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANADU-682 030 BY ADV. MR. P. NARAYANAN – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.23882 OF 2010 ------------------------------- Dated this the 6th day of August, 2010 J U D G M E N T The petitioner's vehicle has been seized on allegations of illegal transportation of river sand. The petitioner applied for interim custody of the vehicle and obtained Ext.P6 judgment for consideration of the application for interim custody of the vehicle within two weeks from the date of receipt of a copy of that judgment. That judgment is dated 11.6.2010. No orders were passed pursuant thereto. In the meanwhile, there was an amendment of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, whereby the original authority to pass orders has been changed and instead of District Collector, the Sub Divisional Magistrate has been vested with the original jurisdiction in respect of seized vehicles under the Act. Therefore, the petitioner submitted another application - Ext.P5 before the Sub Divisional Magistrate. The petitioner now submits that without prejudice to the right of the petitioner to initiate action for non-compliance with Ext.P6 judgment, the Sub W.P.(c)No.23882/10 2 Divisional Magistrate may be directed to pass orders on Ext.P5 expeditiously. 2. I have heard the learned Government Pleader also. The learned Government Pleader on instructions submits that in view of the change in legislation, the District Collector could not pass orders as directed by this Court and the entire files were transfered to the Sub Divisional Magistrate. He would submit that Ext.P5 application would be considered and orders passed expeditiously. In the above circumstances, this writ petition is disposed of with a direction to the first respondent to pass orders on Ext.P5 application for interim custody of the vehicle as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. Such consideration shall be in accordance with the Full Bench decision in C.T. Shan v. State of Kerala and others [2010 (3) KHC 333]. S. SIRI JAGAN, JUDGE acd W.P.(c)No.23882/10 3 W.P.(c)No.23882/10 4