IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 23165 of 2011(U) -------------------------- PETITIONER(S): --------------- SHIBU, S/O.BABUCHANDRAN, AGED 35 YEARS, CHAKKALAKKAL PUTHEN VEEDU, KOOTTAPPANA, NEYYATTINKARA. BY ADV. SRI.R.T.PRADEEP SRI.SREEKANTH S.NAIR RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, COLLECTORATE, KODAPPANAKUNNU, THIRUVANANTHAPURAM-695 001. 2. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA-695 121. 3. THE SUB INSPECTOR OF POLICE, NEYYATTINKARA-695 121. BY SR.GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23165 of 2011(U) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE DTD.10.10.1995 EXT.P2: COPY OF THE FIR DTD.15.7.2011 IN CRIME NO.1184/2011 EXT.P3: COPY OF THE REPRESENTATION DTD.17.8.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S TO JUDGE ab ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 23165 OF 2011 ----------------------------------------------------- Dated this the 25th day of August , 2011 J U D G M E N T Petitioner is the registered owner of a lorry bearing Reg.No.KL.07.K.4489. The 3rd respondent seized the vehicle for allegedly transporting river sand and a crime was registered alleging violation of the provisions contained in the Mines and Minerals (Development and Regulation) Act, 1957. The vehicle was not produced before the court and complaining of this, the writ petition is filed. 2. The learned Government Pleader submits that what is seized is river sand and the proceedings which ought to be initiated are under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. It is stated that directions have already been issued to the 3rd respondent to place the matter before the Sub Divisional Magistrate, Thiruvananthapuram for W.P.(C) No. 23165 OF 2011 :2 : appropriate action. It is submitted that without any delay the matter will be placed before the Sub Divisional Magistrate. In view of the submissions so made I direct that the 3rd respondent will place the proceedings initiated pursuant to the seizure of the vehicle before the Sub Divisional Magistrate, Thiruvananthapuram without any delay and thereupon it will be open to the petitioner to seek interim custody of the vehicle by making an appropriate application to the said authority. It is directed if such an application is made, the same will be dealt with in the light of the principles laid down by the Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. 3. The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before the concerned authority for appropriate action. The writ petition is disposed of accordingly. ANTONY DOMINIC, JUDGE ul/-