IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 21180 of 2011(V) -------------------------- PETITIONER(S): --------------- SURESH S, S/O.K.SUDHAKARAN, CHIRAKKARA VEEDU, PATTOOR PO, PADANILAM MAVELIKKARA. BY ADV. SRI.SOORAJ T.ELENJICKAL SRI.K.NIRMALAN RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, PATHANAMTHITTA PIN 689 645. 2. THE REVENUE DIVISIONAL OFFICER ADOOR PIN 691 523. 3. SUB INSPECTOR OF POLICE PANTHALAM 689 501. BY GOVT. PLEADER SMT.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21180 of 2011(V) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE CERTIFICATE OF REGISTRATION EXT.P2 : COPY OF THE FIRST INFORMATION REPORT DTD.5.4.2011 WITH RESPECT TO CRIME NO.170/2011 OF PANDALAM POLICE STATION. EXT.P2(A): COPY OF THE MAHAZAR PREPARED BY THE 3RD RESPONDENT AT THE TIME OF SEIZURE OF THE VEHICLE DTD.5.4.2011 EXT.P3 : COPY OF THE NOTICE DTD.2.5.2011 ISSUED BY THE 2ND RESPONDENT EXT.P4 : COPY OF THE WRITTEN EXPLANATION DTD.12.5.2011 EXT.P5 : COPY OF THE ORDER DTD.26.5.2011 EXT.P6 : COPY OF THE REVISION PETITION DTD.22.7.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ANTONY DOMINIC, J --------------------------------------- W.P(C) No.21180 of 2011 ---------------------------------------- Dated this the 3rd day of August, 2011. J U D G M E N T The petitioner claims to be the registered owner of a mini tipper lorry bearing registration No.KL43A/1401. Proceedings under the Protection of River Banks and Regulation of Removal of Sand Act, 2001 were initiated against the vehicle, resulting in Ext.P5 order passed by the Sub Divisional Magistrate. Aggrieved by this order, the petitioner has filed Ext.P6 before the 1st respondent. Orders have not been passed thereon. It is with this complaint the writ petition is filed. 2. If as stated by the petitioner the revision petition filed by him has been received and is pending, it is directed that the 1st respondent shall hear and pass orders thereon after issuing notice to the petitioner. 3. This shall be done as expeditiously as possible at any rate within six weeks from the date of production of a copy of this judgment along with a copy of this writ petition. W.P(C) No.21180 of 2011 2 3. It is clarified that in the meanwhile it will be open to the petitioner to file an application seeking interim custody of the vehicle and if such an application is made orders thereon will be passed in the light of the Full Bench decision of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333] and as expeditiously as possible. The Writ Petition is disposed of. Sd/- ANTONY DOMINIC JUDGE //True Copy// P.A to Judge ab W.P(C) No.21180 of 2011 3