IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 17106 of 2011(K) -------------------------- PETITIONER(S): ----------------------- PRABHAKARAN K., S/O.SANKARAN, AGED 42 YEARS, KUNNATH HOUSE, P.O.PALLUR, VARAVATTOOR, THRISSUR DISTRICT, (RC. OWNER OF KL-48A-7105). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): ----------------------- 1. DISTRICT COLELCTOR, COLLECTORATE, PALAKKAD DISTRICT-678 001. 2. SUB DIVISIONAL MAGISTRATE/RDO, OFFICE OF THE RDO, OTTAPPALAM, PALAKKAD DISTRICT. 3. SUB INSPECTOR OF POLICE, CHALISSERRY POLICE STATION,CHALISSERRU P.O., PALAKKAD DISTRICT.679 001. GOVT.PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17106/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIOENR DT 26.2.2011 FOR INTERIM CUSTODY. EXT.P2: TRUE COPY OF THE JUDGMENT IN WPCNO.6649/11 DT 3.3.11. EXT.P3: TRUE COPY OF THE ORDER DT 24.3.2011 PASSED BY THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF THE JUDGMENT IN WPC NO.11348/11 DT 7.4.11. EXT.P5: TRUE COPY OF THE ORDER DT 1.6.11 OF 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER DT 15.6.11. EXT.P7: TRUE COPY OF THE PETITION FOR INTERIM CUSTODY OF THE VEHICLE DT 15.6.11 FILED BEFORE THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 17106 OF 2011 (K) ===================== Dated this the 24th day of June, 2011 J U D G M E N T Petitioner claims to be the registered owner of mini lorry bearing Regn.No.KL-48A 7015. Proceedings were initiated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and such proceedings culminated in Ext.P5 order passed by the Sub Divisional Magistrate confiscating the vehicle. Aggrieved by the said order, Ext.P6 revision has been filed by the petitioner, which is stated to be pending before the 1st respondent. Revision was filed only on 15/6/2011 and has not been heard. Along with the revision, petitioner has also filed Ext.P7 application for interim custody of the vehicle. Orders on Ext.P7 also has not been passed. It is in these circumstances, petitioner has approached this Court with the following prayers:- I. Issue a writ of mandamus directing the respondents to release the vehicle bearing Regn.No.KL-48A/7015 to the petitioner on interim custody pending final disposal of Ext.P6 revision petition pending before the 1st respondent. II. Issue a writ of mandamus directing the 1st respondent to consider and pass orders on Exts.P6 and P7 within a time limit. WPC No. 17106/11 :2 : 2. In view of the pendency of Exts.P6 and P7, I direct the 1st respondent to consider and pass orders on Exts.P6 revision, which shall be done as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. In the meantime, it is directed that Ext.P7 application for interim custody will also be dealt with and orders will be passed on an expeditious basis. It is clarified that, in case interim custody is ordered to be given, it will be open to the 1st respondent to insist on sufficient safeguards to ensure that the vehicle is made available if and when called for. 3. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp