IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 4838 of 2011(D) -------------------------------------- PETITIONER(S): ----------------------- RADHAMANI BABU, W/O. BABU, AGED 43 YEARS, BICHU BHAVANAM, IRANIKUZHI.P.O, CHERUMUKHA, MAVELIKKARA. BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): --------------------------- 1. THE CHAIRMAN, (DISTRICT COLLECTOR, ALAPPUZHA) DISTRICT EXPERT COMMITTEE, COLLECTORATE, ALAPPUZHA - 688 001. 2. THE SUB COLLECTOR, REVENUE DIVISIONAL OFFICE, CHAENGANNUR.689 121 3. THE TAHSILDAR, TALUK OFFICE, MAVELIKKARA ALAPPUZHA DISTRICT - 690 101. 4. THE VILLAGE OFFICER, NOORNADU VILLAGE OFFICE, ALAPPUZHA DISTRICT - 690 504. 5. THE SUB INSPECTOR OF POLICE, NOORNDAU POLICE STATION, ALAPPUZHA DISTRICT - 690 504. * ADDL.R6 TH RESPONDENT IMPLEADED * ADDLR6: THE DISTRICT COLLECTOR, ALAPPUZHA * IS 'SUO MOTU' IMPLEADED AS ADDITIONAL 6TH RESPONDENT AS PER JUDGMENT DATED 16/02/2011 IN WP(C)NO.4838/2011 R1 TO R5 BY SENIOR GOVERNMENT PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.4838 of 2011 -------------------------- Dated this the 16th February, 2011 J U D G M E N T The grievance of the petitioner is that the vehicle bearing Reg. No.KL 31 B-1081 registered in the name of the petitioner was seized by the 3rd respondent on 30.12.2010, alleging that the vehicle was used for illegal transportation of river sand and that the 3rd respondent passed Ext.P7 order confiscating the vehicle. 2. Learned counsel appearing for the petitioner submits that being aggrieved of Ext.P7, the petitioner has preferred Ext.P8 appeal before the 1st respondent and the relief prayed for in this writ petition is to direct the 1st respondent to finalise the matter within a time frame. 3. Heard the learned Government Pleader as well, who submits that the proceeding to be instituted by the petitioner challenging Ext.P7 is by way of a 'revision' and that the same is to be preferred before the District Collector and not before the Chairman of the District Expert Committee (though the Chairman happens to be the District Collector). W.P (C) No. 4838 of 2011 2 4. In the above circumstances, petitioner is permitted to prefer a proper revision petition before the District Collector, Alappuzha within two weeks, on which event, the same shall be considered and appropriate orders shall be passed in accordance with law, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The District Collector shall also pass appropriate orders with regard to the interim custody of the vehicle, if sought for, subject to such terms as found to be fit and proper in the light of the law law already made clear by this Court. 'Status quo' shall be maintained for a period of two weeks. 5. The District Collector, Alappuzha is 'suo motu' impleaded as additional 6th respondent and the learned Government Pleader has entered appearance on behalf of additional 6th respondent. The writ petition is disposed of as above. Sd/- P.R.RAMACHANCDRA MENON, JUDGE ma /True copy/ P.A to Judge W.P (C) No. 4838 of 2011 3