IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 22320 of 2011(L) ------------------------------------- PETITIONER(S): -------------------- SUBAIR.T.M., S/O.HASSAINAR, THERVANAM MOOLAYIL HOUSE, PANALAM PO, CHEROOR, KASARAGOD. BY ADV. SMT.V.SHYLAJA SRI.K.ABDUL NASSAR RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, KASARAGOD PIN 671 121. 2. THE SUB DIVISIONAL MAGISTRATE KASARAGOD AT KANHANGAD PIN 671 315. 3. THE SUB INSPECTOR OF POLICE VIDYA NAGAR POLICE STATION, KASARAGOD DISTRICT. BY GOVT. PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.22320/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER U/S.23(A)3 OF THE ORDINANCE. P2:- COPY OF THE REVISION PETITION TO THE DISTRICT COLLECTOR, KASARAGOD BY THE PETITIONER. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ================ W.P.(C) NO. 22320 OF 2011 ===================== Dated this the 17th day of August, 2011 J U D G M E N T Aggrieved by Ext.P1 order passed by the Sub Divisional Magistrate exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, petitioner has filed Ext.P2 revision before the District Collector invoking his power under Section 23B of the Act. The revision is dated 5th of August, 2011. Immediately after filing the revision, petitioner has filed this writ petition for quashing the order of the Sub Divisional Magistrate and for release of the vehicle. 2. Now that the statutory remedy of revision has been invoked and Ext.P2 revision filed by the petitioner is pending, the only relief that can be granted is to direct the 1st respondent to expeditiously dispose of Ext.P2. 3. It is directed that if the petitioner is desirous of obtaining the vehicle on interim custody, it will be open to the petitioner to make an application to the 1st respondent, in which event, the same will be dealt with in accordance with the WPC No. 22320/11 :2 : principles laid down by the Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333] and orders thereon will be passed. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp