IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 25134 of 2010(N) ---------------------------------------- PETITIONER(S): ------------------------ SURENDRAN, S/O.KOCHURAMAN, CHETTAKULAM HOUSE, FRANCIS LANE, P.O.KANDASSANKADAVU, THRISSUR. BY ADV. SRI.P.B.KRISHNAN, SMT.GEETHA P.MENON, SRI.P.M.NEELAKANDAN. RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, THRISSUR-680 003. 2. THE SUB INSPECTOR OF POLICE, ANTHIKAD POLICE STATION, THRISSUR-680 641. R1 & R2 BY GOVT. PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.25134 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2010 J U D G M E N T The petitioner is the owner of a goods carriage vehicle. According to the petitioner, the vehicle was hired for the purpose of transporting loose mud from the property of one Sri. K. Pushpan to his farm for use as manure. While engaged in that process, the vehicle was seized by the police on 29.07.2010. According to the petitioner, no further proceedings have been taken pursuant to the seizure and he is not guilty of violation of any law to attract seizure of the vehicle. Petitioner therefore seeks the following reliefs: “(i) issue a Writ of Mandamus or any other writ, order or direction, directing the Respondents to release the vehicle bearing Reg. No.KL-08 X 8756 to the Petitioner forthwith; (ii) grant the petitioner such other appropriate interim reliefs that this Hon'ble Court may be pleased to grant on the facts and in the circumstances of the case and that the petitioner prays from time to time during the pendency of this Writ Petition” W.P.(C)No.25134 of 2010 -2- 2. Today the counsel for the petitioner submits that, the petitioner has been asked to appear for a hearing, pursuant the seizure, tomorrow before the Collector and that he will submit his objections before the Collector without taking any adjournment. He therefore requests that the Collector may be directed to pass final orders pursuant to the seizure expeditiously. 3. The learned Government Pleader on instructions submits that, the transportation is not merely of mud but of sand also from a canal which qualifies for action under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 & Rules . Therefore the matter has to be considered by the Sub Divisional Magistrate in accordance with the amended provisions of the said Act. 4. I have considered the rival contentions in detail. Whatever be the action proposed, the competent authority has to complete the proceedings within a specified time. Accordingly this writ petition is disposed of with a direction to the appropriate authority competent to pass final orders W.P.(C)No.25134 of 2010 -3- pursuant to the seizure of the petitioner's vehicle as expeditiously as possible, at any rate within a period of one month from the date of receipt of a certified copy of this judgment. The counsel for the petitioner shall produce a certified copy of this judgment before the District Collector as well as the Sub Divisional Magistrate, for compliance, by whoever of the two is the competent authority to take further action in the matter. S. SIRI JAGAN JUDGE shg/