IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 35158 of 2009(L) ----------------------------------------- PETITIONER(S): --------------------------- V.S. NOUSHAD, S/O. ABDUL KHADER, ANACHALPADI HOUSE, EAST VELIYATHNADU, U.C. COLLEGE P.O., (VIA) ALUVA, ERNAKULAM DIST. BY ADVS. SRI.G.HARIHARAN, SRI.PRAVEEN HARIHARAN. RESPONDENT(S): --------------------------- 1. DISTRICT COLLECTOR, PALAKKAD. 2. SUB INSPECTOR OF POLICE,KONGAD, PALAKKAD DISTRICT. 3. SUB INSPECTOR OF POLICE, OTTPALAM, PALAKKAD DISTRICT. 4. K.RAJEEV, S/O.KRISHNAN, ANAMBALAM HOUSE, PARAKKADAVU,MAMBRA, ERNAKULAM DISTRICT. 5. RAMESH, S/O. RAMAKRISHNAN, CHATHANPLAKKIL HOUSE, PALAPPURAM (VIA), OTTAPALAM, PALAKKAD DISTRICT. * 6. SATHEESH KUMAR, S/O. RAMANKUTTY, PATHIRIPPALA, MANKARA P.O., (VIA), OTTAPALAM, PALAKKAD DISTRICT. - D E L E T E D *R6 IS DELETED VIDE ORDER DTD/. 14/06/2010 IN I.A.NO.7370/2010 AT THE RISK OF THE PETITIONER. R1 TO R3 BY GOVERNMENT PLEADER SRI. T.K.ARAVINDKUMAR BABU R5 BY ADV. SRI.K.B.ARUNKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35158/2009 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION CERTIFICATE OF LORRY NO.KL-7/BB 6717. P2: COPY OF THE AGREEMENT FOR SALE OF VEHICLE NO.KL-7BB 6717 EXECUTED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT ON 09/10/2008. P3: COPY OF THE NOTICE NO.LRG.3-2009/51393/9 DTD. 11/09 ISSUED BY THE DISTRICT COLLECTOR, PALAKKAD. P4: COPY OF THE ORDER NO.LRG.3-2009/19723/9 DTD. 13/08/2009 ALONG WITH THE COPY OF A COVERING LETTER. P5: COPY OF THE REPRESENTATION DTD. 16/10/2009 PREFERRED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, KONGAD. P6: COPY OF THE FITNESS CERTIFICATE ISSUED IN FORM 38 BY THE ASSISTANT MOTOR VEHICLES INSPECTOR ON 02/05/2006 RELATING TO VEHICLE NO.KL-7BB-6717. P7: COPY OF THE CERTIFICATE ISSUED BY THE JOINT RTO, ALUVA ON 08/12/2008 RELATING TO THE PAYMENT OF TAX MADE TOWARDS VEHICLE NO.KL-7 BB-6717. P8: COPY OF THE DEMAND NOTICE ISSUED FROM THE OFFICE OF THE JOINT RTO, NORTH PARUR ON 09/09/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J -------------------------------------- W.P.(C).No. 35158 OF 2009 ------------------------------------------------------------- Dated this the 22nd day of December, 2010 JUDGMENT Petitioner challenges Ext.P4 order passed by the District Collector, ordering interim custody of the vehicle to the 5th respondent. According to the petitioner, the 5th respondent was only a driver and that he being the registered owner, he alone was entitled to get interim custody of the vehicle. It is on this premise, writ petition was filed challenging Ext.P4. 2. The learned Government Pleader submits that the writ petition has been filed without any bonafides, as it is a collusive attempt between the petitioner and the 5th respondent. It is also stated that in pursuance to Ext.P4, though the vehicle was released, it was again seized on the allegation that it was engaged for illegal transportation of river sand. Further, it is also pointed out, in view of the pendency of this proceedings, final orders in the proceedings in relation to the vehicle have not been passed. W.P.(C).No. 35158 OF 2009 2 3. Admittedly, as at present there are two proceedings pending against the vehicle bearing registration No.KL-7BB-6717 of which rival claims of ownership are raised by the petitioner and the 5th respondent. Therefore, at this stage, the only order that is required to be passed that the Sub Divisional Magistrate, the competent authority under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001, shall pass final orders in the matter, issuing notice to the petitioner and the 5th respondent. This, the Sub Divisional Magistrate shall do as expeditiously as possible at any rate within eight weeks of production of a copy of this judgment along with a copy of this writ petition. ANTONY DOMINIC JUDGE dmb