IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 86 of 2010(I) ----------------------- PETITIONER(S): --------------- KARTHIK RAJA, AGED 24 YEARS, S/O.MUTHAIAH, 12/30, ASOKA LANE, 2ND STREET,PALAYA MKOTTAI, TIRUNELVELI, TAMILNADU STATE. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, KOZHINJAMPARA POLICE STATION, PALAKKAD DISTRICT. 3. THE ASST.SUB INSPECTOR OF POLICE, KOZHINJAMPARA POLICE STATION, PALAKKAD DISTRICT. BY G.P. SHRI P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 86 of 2010-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January, 2010. JUDGMENT The petitioner herein is the registered owner of a Goods Carriage vehicle bearing registration No.TN-72AB-5983. It is the case of the petitioner that the said vehicle used to carry earth sand from Uthukuzhy, Gopalapuram in Pollachi Taluk in the State of Tamil Nadu. It is also his case that the transport of the article was intended for a person at Kayamkulam. On 24.12.2009, the second respondent intercepted the vehicle at a place by name Kalliyampara in Palakkad District and the vehicle was seized also. 2. According to the petitioner, the petitioner had paid the tax under the Kerala Value Added Tax Rules, 2005, going by Exts.P2 and P3. It is the case of the petitioner that the seizure of the vehicle is illegal. In these circumstances, the petitioner has moved the District Collector by filing Ext.P4, seeking for an interim custody of the vehicle. One of the contentions taken by the petitioner is that the provisions of the Act, viz. Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 is not attracted to the petitioner's case. wpc 86/2010 2 3. I am not entering any finding on the merits of the matter, since the petitioner has already moved the first respondent by filing Ext.P4. There will be a direction to the first respondent to take a decision on Ext.P4 within a period of seven days from the date of production of a copy of this judgment. The contentions raised by the petitioner in Ext.P4 will be considered on merits, while passing orders. It is open to the said respondent to impose such conditions as permissible under law, subject to further proceedings. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/