IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 32419 of 2010(B) -------------------------- PETITIONER(S): ---------------------- 1. VIJESH V.V., S/O.VIJAYAPPAN, VADAKARA VIJESHALAYAM, THIRUVALLOOR P.O., CHERTHALA, ALAPPUZHA DISTRICT. 2. VIJAYAPPAN V.K., S/O.KANDAKUNJU, VADAKKEKARIYIL, THIRUVALLOOR P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE, CHERTHALA. 2. THE TAHSILDAR, CHERTHALA ALAPPUZHA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA. 4. THE DISTRICT COLLECTOR, ALAPPUZHA. 5. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 32419 OF 2010 (B) ===================== Dated this the 22nd day of October, 2010 J U D G M E N T 1st petitioner is the registered owner of a tipper lorry bearing Regn.No.KL-10 S-2579. It would appear that the respondents have seized the vehicle on the allegation that the same was involved in the transportation of sand in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Such proceedings are pending before the 3rd respondent. Petitioner has also made Exts.P5 and P6 applications for interim custody. It is in these circumstances, the writ petition has been filed praying for a direction to release the vehicle. 2. Now that the 1st petitioner has filed Exts.P5 and P6 applications, it is directed that the Revenue Divisional Officer shall consider the applications filed for release of the vehicle in terms of the provisions of the Act referred above and in the manner as directed by the Full Bench of this Court in the judgment in Shan C.T. v. State of Kerala [2010(3)KHC 333]. 3. Petitioners shall produce a copy of this judgment WPC No. 32419/10 :2 : before the 3rd respondent for passing orders. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp