IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 WP(C).No. 37458 of 2010(F) ----------------------------------------- PETITIONER(S): ----------------------- BASHEER T.A., AGED 27, S/O. ABDUL RAHAMAN, THEKKETHIL HOUSE, KULAMBUMUKKU, POST CHERUTHURUTHY, THRISSUR DISTRICT, PIN-679 531. BY ADV. SRI.K.C.ELDHO RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, THRISSUR, OFFICE OF THE COLLECTORATE, AYYANTHOLE, THRISSUR-680 003. 2. SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION, THRISSUR DISTRICT, PIN-679 531. R1 & R2 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs ANTONY DOMINIC, J. ------------------------- W.P (C) No.37458 of 2010 -------------------------- Dated this the 17th December, 2010 J U D G M E N T Petitioner is the registered owner of a Mini Tipper Lorry bearing registration No. KL-10/P774. According to the petitioner, on 25.5.2010, the vehicle was seized by the second respondent on the allegation that the vehicle was used for transportation of river sand in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001. Petitioner submits that subsequently though Ext.P4 notice was issued by the first respondent, no hearing was held. It is contended that since then there has not been any progress in the matter. It is in these circumstances, this writ petition has been filed seeking a direction for expeditious completion of the proceedings. 2. Having regard to the provisions of the Act as amended, it is for the Sub Divisional Magistrate to conclude the proceedings. Since the vehicle was taken into custody on 25.5.2010, inordinate delay has already been caused in the matter. Therefore, if proceedings are still W.P (C) No.37458 of 2010 2 not complete, necessarily orders will have to be passed without any further delay. This the Sub Divisional Magistrate shall do as expeditiously as possible, at any rate within six weeks of production of a copy of the judgment along with a copy of this writ petition. 3. It is clarified that if still the proceedings have not already been concluded, it will also be open to the petitioner to apply before the Sub Divisional Magistrate for giving interim custody of the vehicle, in which event, orders on the application will be passed without any delay applying the principles laid down in the Full bench decision of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. Petitioner to produce a copy of the judgment along with copy of this writ petition before the Sub Divisional Magistrate concerned, for compliance. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge