IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 9223 of 2009(W) ------------------------- PETITIONER(S): --------------- JOSE ANTONY,AGED 42 YEARS, S/O.P.V.ANTONY,PUTHENPURACKAL HOUSE, CHENAPPADY,KANJIRAPPALLY,KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,KOTTAYAM. 2. THE GEOLOGIST,DISTRICT OFFICE,IDUKKI. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KANJIRAPPALLY. MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.9223 of 2009 --------------------------------- Dated, this the 23rd day of March, 2009 J U D G M E N T The petitioner is the registered owner of a Swaraj Mazda Tipper Lorry bearing Regn.No.KL-34/5127. Proceedings have been initiated against the vehicle on the allegation that it was used for unauthorised transportation of river sand. The matter is pending before the 1st respondent. In the meanwhile, the petitioner submits that he has made Ext.P6 application before the 1st respondent seeking interim custody of the vehicle. Orders have not been passed on that application. It is in these circumstances, the writ petition has been filed. 2. Since proceedings have been initiated as per the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, the 1st respondent has to pass final orders in the matter. In the meanwhile, if the petitioner has submitted Ext.P6 application for interim custody of the vehicle, there is no reason why orders shall not be passed on that application. 3. Therefore, the writ petition is disposed of directing the 1st WP(C) No.9223/2009 -2- respondent to consider and pass orders on Ext.P6. This shall be done as expeditiously as possible, at any rate, within 10 days of production of a copy of this judgment. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg