IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 WP(C).No. 14357 of 2010(T) -------------------------- PETITIONER(S): --------------- SHAJU.O., S/O.KRISHNAN, AGED 27 YEARS, NAMBALA MANJERI, THENHIPALAM, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER SRI.V.C.MADHAVANKUTTY RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM, COLLECTORATE, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, TENHIPALAM POLICE STATION, TENHIPALAM, MALAPPURAM DISTRICT. BY GOVT. PLEDER SRI. M.P. MOHAMMED FAZIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO. 14357 OF 2010 (T) -------------------------------------------------- Dated this the 6th day of May, 2010 J U D G M E N T Petitioner submits that he is the owner of a Mahindra and Mahindra open tipper, bearing Reg. No.KL 7/T 9657. It is stated that the vehicle has been seized by the Assistant Sub Inspector of Police, Thenhipalam on 08.04.2010 on the registration of Crime No.118/2010. According to him, although proceedings were initially under the provisions of NMDR Act 1957, subsequently Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001 also has been added. Petitioner states that thereupon he made Ext.P6 request to the 1st respondent seeking interim custody of the vehicle and that orders have not been passed. Yet another complaint is that the proceedings are unsustainable and are liable to be interfered with. 2. Having regard to the fact that final order in the proceedings is yet to be passed by the statutory authorities, the prayer of the petitioner for interfering with the proceedings as such is premature and cannot be considered at this stage. Since Ext.P6 application made by the petitioner seeking interim custody of the vehicle is stated to be pending consideration of the 1st respondent, it is directed that the 1st respondent shall pass orders on Ext.P6 within 7 days of production of copy of this judgment. Petitioner shall produce WPC.No.14357 /2010 :2 : copy of the judgment along with a copy of the writ petition before the 1st respondent for compliance. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/