IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 34051 of 2010(F) -------------------------------------- PETITIONER(S): ---------------------- M.V.THOMAS, S/O.VARGHESE, AGED 50 YEARS, BUSINESS, MATHUPURAM HOUSE, ASSARIKKAD PO, PEECHI VILLAGE, THRISSUR DISTRICT OWNER OF A MINI LORRY BEARING REGISTRATION NO/KL-7-1N-1959) BY ADVS. SRI.P.M.ZIRAJ SRI.A.M.ABDULLA RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE, THRISSUR EAST POLICE STATION, THRISSUR DISTRICT PIN 682 301. 2. THE SUB DIVISIONAL MAGISTRATE, THRISSUR DISTRICT PIN 682 301. 3. THE DISTRICT GEOLOGIST, THRISSUR DISTRICT PIN 682 301. R1 TO R3 BY GOVT PLEADER SRI.P.N.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 34051 OF 2010 (F) ===================== Dated this the 11th day of November, 2010 J U D G M E N T Petitioner is the owner of Mini Lorry bearing Regn.No.KL-7 AN-1959. The vehicle was seized on 3/11/2010 on the allegation that it was used for the unauthorised transportation of river sand in violation of the provisions contained in Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Petitioner says that he made an application to the 2nd respondent for getting the sand tested by the 3rd respondent. Seeking orders on the application and also seeking interim custody of the vehicle, the writ petition is filed. 2. In so far as the application made by the petitioner is concerned, it is for the 2nd respondent to consider the same. Therefore, I leave it open to the petitioner to pursue the application before the 2nd respondent during the course of adjudication of the proceedings. 3. In so far as application for interim custody is concerned, it made clear that it will be open to the petitioner to seek interim custody of the vehicle from the 2nd respondent by WPC No. 34051/10 :2 : making an appropriate application, in which event, the same shall be dealt with in accordance with the provisions of the Act referred above and in the manner as directed by the Full Bench of this Court in the judgment in Shan C.T. v. State of Kerala [2010(3) KHC 333]. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp