IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 28815 of 2010(B) -------------------------- PETITIONER(S): --------------- MUJEEB RAHMAN, AGED 21, S/O.MOHAMMED ALI @ BAVA, KALETHUMPADIKKAL HOUSE, P.O.PURATHUR, TIRUR TALUK, (REGD.OWNER, KL.10E.9270 MINI LORRY), BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, TIRUR. BY GOVT. PLEADER SRI. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.28815 OF 2010(B) -------------------------------------------------- Dated this the 17th day of September, 2010 J U D G M E N T Ext.P6 is the final order passed by the District Collector, exercising his powers under the Kerala Protection of River Banks and Regulation on Transportation of River Sand Act. Petitioner is the registered owner of a mini lorry bearing registration No.KL- 10.E.9270. It is stated that the vehicle was seized on 2.12.2009 at 3.30 p.m on the allegation that it was used for unauthorized transportation of river sand. The order states that the petitioner was issued a pass valid till 4.p.m on 2.12.2009. The order also states that the vehicle left the Kadavu at 11.10 a.m.. If that be the situation, it was before the expiry of the time specified in the pass that the vehicle was seized. In such situation unless the authorities have concluded that the pass was misused, prima facie, an order in the nature of Ext.P6 could not have been passed. The order does not state in what manner the pass was misused. For that reason, I am unable to sustain Ext.P6. WPC.No. 28815/2010 :2 : 2. Therefore I set aside Ext.P6 and leave it open to the authorized officer designated under the Act to pass fresh orders with notice to the petitioner. In the meantime if the Petitioner is so desirous, it will be open to the petitioner to make an application for interim custody of the vehicle and the same shall be dealt with in accordance with the provisions in the Act and applying the principles laid down in the Full Bench judgment in Shan C.T. V. State of Kerala(2010(3) KHC 333), provided the lorry has not been auctioned so far. (ANTONY DOMINIC) JUDGE vi/