IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28804 of 2011(A) -------------------------- PETITIONER(S): --------------------- MUHAMMED ALI.P.K,S/O.ABDUL KHADER, POURAKANAKATH HOUSE,PUTHUPONNANI,BEEVI ROAD, PONNANI,MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S): ------------------------- 1. THE REVENUE DIVISIONAL OFFICER, THRISSUR,THRISSUR DISTRICT,PIN-680001. 2. PONNANI MUNICIPALITY,REPRESENTED BY ITS SECRETARY,PONNANI,MALAPPURAM DISTRICT,PIN-679577. 3. THE SUB INSPECTOR OF POLICE, VADAKKEKAD POLICE STATION,THRISSUR DISTRICT, PIN-679562. GOVT.PLEADER SMT.M.J.RAJASHREE SRI.C.M.MOHAMMED IQBAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28804/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: True copy of the purchase bill issued by the 2nd respondent dated 24.10.11 to the petitioner's vehicle. EXT.P2: True copy of the vehicle pass issued to the petitioner by the Port conservator, Ponnani dated 24.10.11. EXT.P3: True copy of the judgment dated 4.10.11 in WPC No.26457/11 of this Hon'ble Court. EXT.P4: True copy of the seizure mahazar prepared by the 3rd respondent dated 24.10.11. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 28804 OF 2011 ===================== Dated this the 28th day of October, 2011 J U D G M E N T Petitioner is the registered owner of a vehicle bearing Regn.No.KL-10 U 7778. The vehicle was seized as per Ext.P4 mahazar of the 3rd respondent. The case of the petitioner is that the sand was transported from the Ponnani port on the strength of Exts.P1, P2 and Ext.P3 judgment. However, a reading of Ext.P4 mahazar shows that the proceedings were initiated on the basis that what was transported was river sand and that proceedings initiated against the petitioner are under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. If that be so, this Court will not be in a position to interfere with the proceedings at this stage. 2. Now that the proceedings against the vehicle in question is pending before the 1st respondent, I direct that it will be open to the petitioner to approach the 1st respondent by making an application for interim custody of the vehicle. It is directed that, if any such application is filed, 1st respondent shall forthwith pass orders on the application applying the principles WPC No. 28804/11 :2 : laid down by the Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE Rp //True Copy// PA to Judge