IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 17432 of 2011(D) -------------------------- PETITIONER(S): --------------- FAISAL.O.K,S/O.MUHAMMED,ORUVILAKKODAN HOUSE,MUNDENGARA,EDAVANNA PO, MALAPPURAM 676 121. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS --------------- 1. THE SUB INSPECTOR OF POLICE,EDAVANNA POLICE STATION,MALAPPURAM DISTRICT,PIN 676 541. 2. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA,MALAPPURAM DISTRICT, PIN 679 322. 3. THE DISTRICT COLLECTOR,MALAPPURAM, PIN 676 505. BY GOVERNMENT PLEADER ADV. SMT. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17432 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE BEAING NO. KL-14E 1654 EXT.P2 : TRUE COPY OF THE AGREEMENT FOR SALE ENTERED INTO BETWEEN THE PETITIONER AND SRI M.C. ABDULLA. EXT.P3 : TRUE COPY OF THE PASS FOR TRANSPORTING THE RIVER SAND ISSUED IN FAVOUR OF THE PETITIONER BY THE EDAVANNA GRAMA PANCHAYAT. EXT.P4 : TRUE COPY OF MAHAZAR PREPARED BY THE 1ST RESPONDENT. EXT.P5 : TRUE COPY OF THE APPLICATION DATED 1.5.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6 : TRUE COPY OF THE application DATED 11.5.2011 SUBMITTED BY THE PETITIOENR BEFORE THE SUPERINTENDENT OF POLICE, PERINTHALMANNA. EXT.P7 : TRUE COPY OF THE COMPLAINT DATED 1.6.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P8 : TRUE COPY OF THE JUDGMENT DATED 3.6.2011 IN W.P.(C) NO.15067 OF 2011. EXT.P9 : TRUE COPY OF THE ORDER DATED 14.06.2011 OF THE 2ND RESPONDENT. EXT.P10 : TRUE COPY OF CRL.R.P.2971 OF 2011 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P11 : TRUE COPY OF THE APPLICATION FOR INTERIM CUSTODY OF THE VEHICLE FILED BY THE PETITIOENR BEFORE THE 3RD RESPONDENT. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No.17432 OF 2011 ......................................................................... Dated this the 28th June , 2011 J U D G M E N T This is the second round of litigation whereby the petitioner is stated as constrained to approach this Court in connection with the seizure of the vehicle for the offence under section 27(2) of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The first round of litigation culminated in Ext. P8 judgment whereby the second respondent therein was directed to consider the claim for interim custody of the vehicle in the light of the law declared by this Court in Shan C.T. vs. State of Kerala and others (2010 (3) KHC 333) within a week. the case of the petitioner is that though a copy of the judgment was produced before the concerned respondent, the same was not considered and Ext. P9 was passed on 14.06.2011, which in turn is under challenge. 2. Heard the learned Government Pleader as well. W.P.(C) No.17432 OF 2011 2 3. The learned Counsel for the petitioner submits that on receipt of Ext.P9, the petitioner filed a statutory revision petition before the District Collector under Section 23B of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, as borne by Ext. P10, along with a petition for interim custody of the vehicle, which are stated as pending consideration before the third respondent. The petitioner is aggrieved of the delay in finalisation of the proceedings. After hearing both the sides, the writ petition is disposed of, directing the third respondent to finalise the proceedings passing appropriate orders on Ext.P10, in accordance with law, as expeditiously as possible, at any rate, within 'two months' from the date of production of a copy of the judgment. However, since nothing has been referred to, as to the passing of Ext.P8 judgment in Ext. P9 passed by the second respondent, there will be a direction to the third respondent to consider Ext.P11 application for interim custody of the vehicle as well and orders shall be passed in tune with the observation made by the Full Bench of this Court in the decision cited supra, within one week. W.P.(C) No.17432 OF 2011 3 The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the third respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE. lk