IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 22878 of 2011(H) -------------------------- PETITIONER(S): ----------------------- JOHNSON DOMINIC, S/O.DOMINIC VARKEY, PALATHU HOUSE, PARATHODU, KANJIRAPPALLY. BY ADV. SRI.M.SREEKUMAR SRI.K.P.JAYACHANDRAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. SUB INSPECTOR OF POLICE, ERUMELY POLICE STATION, ERUMELY, KOTTAYAM DISTRICT - 686509. 3. DISTRICT COLLECTOR, KOTTAYAM - 686002. SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22878/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF the VEHICLE KL-05 D 8681. EXT.P2: TRUE COPY OF THE FIR IN CRIME NO.226/2010 OF ERUMELY POLICE STATION DATED 14.4.2010. EXT.P3: TRUE COPY OF THE MAHAZAR PREPARED BY THE 2ND RESPODNENT DATED 30.3.11. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 22878 OF 2011 ===================== Dated this the 31st day of August, 2011 J U D G M E N T Petitioner claims to be the registered owner of a mini lorry bearing Regn.No.KL-5 D/8681. According to the petitioner, proceedings were initiated against the vehicle under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. His complaint is that the matter was not reported to the Sub Divisional Magistrate and was reported to the Judicial First Class Magistrate, Kanjirapally and that as a result thereof, he is unable to get the vehicle released. It is with this complaint the writ petition is filed. 2. The case was adjourned with an order directing the learned Government Pleader to obtain instructions in the mater. It is today submitted that, on 24/8/11, the matter has been reported to the Sub Divisional Magistrate. 3. Now that such a report has been made to the Sub Divisional Magistrate, the competent authority under the Act, it is for that authority to conclude the proceedings in accordance with law. It will also be open to the petitioner to seek interim custody WPC No. 22878/11 :2 : of the vehicle, in which event, the Sub Divisional Magistrate will deal with the application in the light of the principles laid down by the Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp