IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23672 of 2011(H) -------------------------- PETITIONER(S): ----------------------- SUBAIR K.P., S/O.CHEKKU, AGED 27 YRS, KOLOTHUMPARAMBIL HOUSE, NARIPARAMBU P.O., MALAPPURAM DT. (RC OWNER OF KL-04/G-9160). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): ------------------------ 1. THE SUB-DIVISIONAL MAGISTRTE/RDO, OFFICE OF RDO, THIRUR, MALAPPURAM DT. 636101. 2. SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, CHANGRAMKULAM P.O., MALAPPURAM DIST.676 505. 3. DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM-676 505. SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011, ALONG WITH WPC NOS.23673 & 23674/11 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23672/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT IN M.4793/2011 DATED 5.7.11. EXT.P2: A TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 23.7.11. EXT.P3: TRUE COPY OF THE INTERIM APPLICATION FOR INTERIM CUSTODY OF THE VEHICLE IN REVISION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 23.7.11. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NOs. 23672, 23673 & 23674 OF 2011 ============================== Dated this the 2nd day of September, 2011 J U D G M E N T Petitioners are registered owners of vehicles bearing Regn.Nos.KL-04/G-9160, KL-9-L/6935 and KL-10-V/1321 respectively. Proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 were initiated against the petitioners' vehicles, which resulted in the orders passed by the 1st respondent finding the petitioners guilty and ordering that the vehicles will be released on payment of the value. Aggrieved mainly by the fixation of the value, they have filed revisions before the District Collector, copies of which are Ext.P2 in these cases. These revisions are pending. Meanwhile, seeking interim custody of the vehicles, they have also filed applications, copy of which are Ext.P3. In these writ petitions, what is sought for by the petitioners is mainly interim custody of the vehicles pending finalisation of the revisions. 2. In my view, since revisions filed by the petitioners are stated to be pending before the District Collector, it is necessary that the District Collector should expeditiously conclude the WPC Nos. 23672, 23673 & 23674 OF 2011 :2 : proceedings. This the District Collector shall do as expeditiously as possible, at any rate within 3 weeks of production of a copy of this judgment along with a copy of the writ petitions. It is directed that if it is not possible for the said authority to dispose of the revisions as directed above, the authority shall positively pass orders on Ext.P3 applications made by the petitioners for interim custody of the vehicles, in which event, the same shall be done applying the principles laid down by the Full Bench of this court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. 3. Petitioners shall produce a copy of this judgment before the District Collector for compliance. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp