IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 31470 of 2011(G) ---------------------------------- PETITIONER(S): ------------------- PRASANTH, S/O.THANKAPPAN, 66, THEKKINIYEDATH HOUSE, PALLAPPURAM, POST PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): --------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT - 676 101. 2. THE REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT PIN - 676101. 3. THE SUB INSPECTOR OF POLICE, KUTTIPPURAM POLICE STATION, POST KUTTIPPURAM, MALAPPURAM DISTRICT - 676 101. BY GOVT. PLEADER SMT.M.J. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 31470/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE OF REGISTRATION OF KL-45-5622 DATED 27.11.2006 P2: COPY OF THE GOODS CARRIAGE PERMIT OF KL-45-5622 DATED 14.01.2011 P3: COPY OF THE SEIZER MAHZAR PREPARED BY THE 3RD RESPONDENT DATED 28.09.2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 31470 OF 2011 ----------------------------------------------------- Dated this the 25th day of November, 2011 J U D G M E N T Petitioner claims to be the registered owner of a mini lorry bearing Reg.No.KL-45-5622. Proceedings have been initiated by the respondents on the allegation that the vehicle is being used in violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Other proceedings are also now pending before the 2nd respondent. It is at that stage this writ petition is filed seeking to quash the seizure of the vehicle. 2. In my view, having regard to the nature of the allegations, since a prima facie case has been made out, it is up to the 2nd respondent to finalize the proceedings. Therefore I direct the 2nd respondent to expedite the proceedings against the vehicle in question with notice to the petitioner. 3. It is also made clear that, in the meanwhile, the petitioner can apply for interim custody of the vehicle, in W.P.(C) No. 31470 OF 2011 :2 : which event, on production of a copy of this judgment the 2nd respondent will also pass orders on the application for interim custody applying the Full Bench decision of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge