IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 30741 of 2010(P) -------------------------- PETITIONER(S): ------------------- KUTTAPPAN,AGED 43 YEARS, S/O.CHELLAN, ERIKKALAVILA, NELLIMMOODU, VLATHANKARA, PARASSALA, THIRUVANANTHAPURAM-695502. BY ADV. SRI.KILLIYOOR P.GOPALAKRISHNAN NAIR SRI.JAISHANKAR V.NAIR SMT.ARATHI KARUNAKARAN RESPONDENT(S): ---------------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM,KUDAPPANAKUNNU PO, THIRUVANANTHAPURAM 2. THE CIRCLE INSPECTOR OF POLICE, POOVAR POLICE STATION, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2010, ALONG WITH WPC NOS. 30758 AND 30759/10, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 30741, 30758 & 30759 OF 2010 ============================== Dated this the 7th day of October, 2010 J U D G M E N T From the pleadings in these writ petitions, it would appear that proceedings have been initiated against the respective petitioners on the allegation that the vehicles have been used for the unauthorised 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. These proceedings, according to the petitioners are now pending before the Sub Divisional Magistrate, Thiruvananthapuram. Though in these writ petitions, there is a challenge against the whole proceedings contending that the sand in question has been imported from outside the State, still as the statutory authority is yet to consider the contention and pass final orders in the matter, the challenge is premature. 2. Therefore, at this stage, I am not inclined to entertain the challenge or consider the contentions. However, the petitioners submit that the vehicles are under detention and they are desirous of getting interim custody of the vehicles. WPC Nos. 30741/10 & conn.cases :2 : 3. Therefore, having regard to the submissions made, it is directed that if the petitioners are so desirous, it is open to the petitioners to make application to the Sub Divisional Magistrate, Thiruvananthapuram, who on receipt thereof, shall consider the request in terms of the provisions contained in the Act and and in the manner as directed by the Full Bench of this Court in the judgment in Shan C.T. v. State of Kerala [2010(3)KHC 333]. 4. Petitioners shall produce a copy of this judgment before the Sub Divisional Magistrate for compliance. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp