IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10740 of 2009(J) -------------------------- PETITIONER(S): ----------------- C.P.MOHAMMED,S/O.SAIDALIKUTTY, CHAZHIYATTUPEEDIKAYAIL HOUSE, THIRUMITTAKODE,PATTAMBI,PALAKKAD. BY ADV. SRI.H.BADARUDDIN RESPONDENT(S): ------------------- 1. SUB INSPECTOR OF POLICE, CHALISSERRY,PALAKKAD. 2. THE DISTRICT COLLECTOR, PALAKKAD, GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 10740 OF 2009 (J) ===================== Dated this the 2nd day of April, 2009 J U D G M E N T Petitioner claims to be the registered owner of a tipper lorry bearing Regn.No.KL-5/N.5765. It is stated that the 1st respondent initiated proceedings against the vehicle and the vehicle has been detained on the allegation that it was used in the unauthorised transportation of river sand in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. It is at that stage the writ petition is filed seeking to set aside the whole proceedings. 2. In my view, this writ petition is premature. This is for the reason that the statutory authority, namely the 2nd respondent, is yet to consider the contentions of the parties and pass orders. Therefore, at this stage, this Court will not be justified in interfering with the proceedings. 3. Irrespective of the pendency of the proceedings, if the petitioner desires to have interim custody of the vehicle, it will be open to the petitioner to make an application to the 2nd respondent. It is directed that, in the event, the petitioner makes WPC 10740/09 :2 : such an application, the 2nd respondent shall consider the same and pass orders thereon at any rate within 10 days of its receipt. 4. Petitioner may produce a copy of this judgment before the 2nd respondent for compliance along with the application he intends to file. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp