IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 10418 of 2009(V) ---------------------------------- PETITIONER : ---------------------- MOHAMMED SALIM, S/O.KUNJUMUHAMMED, AGED 35 YEARS, CHOOLIPURATH HOUSE, VATTAM KULAM VILLAGE, KALADY POST OFFICE, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENTS: ---------------------- 1. ASSL. TAHSILDAR, TALUK OFFICE, PONNANI. 2. DISTRICT COLLECTOR, MALAPPURAM. 3. SUB INSPECTOR OF POLICE, PONNANI. 4. SECRETARY, TAVANOOR GRAMA PANCHAYAT, (SPECIAL GRADE), AYENKULAM P.O., PONNANI TALUK. SHRI. P.N. SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 10418 of 2009 ------------------------------------ Dated this the 31st day of March, 2009 JUDGMENT Petitioner is the registered owner of the tipper lorry bearing registration No. KL 54/3444. Petitioner submits that on 26/03/2009 the vehicle was detained by the first respondent on the allegation that the vehicle was used for the unauthorised transportation of river sand. Accordingly, proceedings against vehicle were initiated under the Kerala River Banks Protection and Regulation of Removal of Sand Act. The matter is now pending consideration of the second respondent and at that stage, this writ petition is filed challenging the proceedings initiated. 2. Evidently, the proceedings under the Kerala River Banks Protection and Regulation of Removal of Sand Act are pending consideration of the second respondent and it is for that authority to issue notice to the parties, consider objections and pass final orders in the matter. At this stage, therefore this Court will not be justified in interfering with the proceedings. 3. Irrespective of pendency of the proceedings as above, W.P.(C) No. 10418 /2009 2 if the petitioner desires to have interim custody of the vehicle in question, it will be open to the petitioner to make an application to the 3rd respondent in that behalf. 4. Therefore, I dispose of this writ petition directing that, if any application received as above, the second respondent shall consider and pass orders thereon, as expeditiously as possible and at any rate within 10 days of filing of the application along with a copy of this judgment. Petitioner shall produce a copy of this judgment before the second respondent for compliance. ANTONY DOMINIC, JUDGE scm