IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 7144 of 2009(K) ------------------------- PETITIONER(S): --------------- M.S. SANTOSH, AGED 37, S/O. SUBRAMANYAN, MALIEKKAL, ELANTHIKKA.P.O, PUTHENVELIKKARA VILLAGE, NORTH PARAVUR, ERNAKULAM. BY ADV. SRI.S.RAJKUMAR RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, PUTHENVELIKKARA POLICE STATION, NORTH PARAVUR, ERNAKULAM.' 2. THE CIRCLE INSPECTOR OF POLICE, NORTH PARAVUR, ERNAKULAM. 3. SUPERINTENDENT OF POLICE (ERNAKULAM RURAL), ALUVA, ERNAKULAM. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.7144 OF 2009 ------------------------ Dated this the 31st day of March, 2009. JUDGMENT Petitioner claims to be the registered owner of a tipper lorry bearing registration No.KL7 AM 1867. According to the petitioner the vehicle was seized on 27.2.2009, and since then the first respondent is keeping the vehicle unauthorizedly. It is stated that, complaining this he has made Ext.P1 complaint and as there is no response this writ petition has been filed. 2. Government Pleader on instruction submits that on 27.2.2009 the vehicle was found with the load of river sand and there was no pass or other documents justifying the transportation. It is also stated that, on seeing the police attempt was made to escape from the scene and after a long chase, the vehicle was detained. It is submitted that the vehicle is in the police custody and the matter is WP(c).No.7144/09 /2/ pending with the District Collector. 3. From the facts stated above, the case of the respondent is that the vehicle in question was engaged in the unauthorized transportation of river sand attracting the penal provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act. If that be so, it is for the District Collector to finalize the proceedings. In the meanwhile if the petitioner is interesting in getting the interim custody of the vehicle in question, it will be open to the petitioner to approach the District Collector, in which event the District Collector shall without any delay pass orders on the request so made. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.7144/09 /2/