IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 4301 of 2009(K) ------------------------------ PETITIONER: -------------- NOUSHAD P.M., AGED 35 YEARS, S/O. MUHAMMED, PUTHENPEEDIKAYIL HOUSE, LAHA P.O., POTTAMMOOZHY, PATHANAMTHITTA DIST. BY MR.S.SHANAVAS KHAN, ADVOCATE. RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE CIRCLE INSPECTOR OF POLICE, VADASSERIKARA. 3. THE SUB INSPECTOR OF POLICE, PERUNAD. BY MR.P.N. SANTHOSH, ADVOCATE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2009, ALONG WITH W.P.(C) No.4330/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.4301 & 4330 of 2009 --------------------------------- Dated, this the 10th day of February, 2009 J U D G M E N T In these writ petitions challenge is against Ext.P3 communications issued by the 1st respondent on 10/10/2008 and 15/12/2008 directing the Sub Inspector of Police, Perunad and Ranni to take into custody mini lorries bearing Regn. Nos.KL-03/M-8387 and KL-02/N-2728. Proceedings were initiated against the respective vehicles on the allegation that these vehicles were used for unauthorised transportation of river sand. 2. In so far as the petitioner in WP(C) No.4301/2009 is concerned, in compliance with the conditions imposed by the Judicial First Class Magistrate, Ranni in Crl.M.P.No.1567/2008 in ST No.783/08 in Ext.P2 order, the vehicle was released. Similarly, in so far as the petitioner in WP(C) No.4330/2009 is concerned, he too had approached the Magistrate and in pursuance to the order passed in Crl.M.P.No.1156/2008 dated 08/05/2008, he also deposited the amount as per Ext.P2 receipt and got the vehicle released. Final orders have not been passed by the 1st respondent in both the cases. WP(C) No.4301 & 4330/2009 -2- In the meanwhile, in order to allegedly facilitate passing of final orders in the matter, he has issued Ext.P3 order requesting the Sub Inspector of Police, Perunad and Ranni to take the vehicles into custody. 3. Going by the impugned orders, apart from the pendency of the proceedings, in which the vehicles were released as per the directions of the Magistrate, no other proceedings are pending against the vehicles in question. If that be so, since the petitioners are having custody of the vehicles pending finalisation of the proceedings on the strength of the order passed by the Criminal Court, the respondents cannot order resumption of the custody of the vehicles at this stage. 4. Therefore, these writ petitions are disposed of directing, that apart from the proceedings in relation to which the Criminal Courts have already passed orders referred to above, if there are no proceedings pending in regard to the vehicles in question, the respondents shall not take the vehicles referred to above in custody, unless the same is necessitated following the final orders, which are to be passed by the District Collector exercising his powers under WP(C) No.4301 & 4330/2009 -3- the Kerala Protection of River Banks and Regulations of Removal of Sand Act. 5. The learned counsel for the petitioners points out that the vehicle bearing Regn.No.KL-02/N-2728 has already been taken into custody in pursuance to the order passed by the District Collector referred to above. In view of this judgment, it is directed that on production of a copy of this judgment, the Sub Inspector of Police, Ranni, in whose custody the vehicle is, shall release the same to the petitioner. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg