IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 6082 of 2009(E) -------------------------------- PETITIONER(S): ------------------ MUHAMMED ASHRAF AGED 35 YEARS, S/O UMMER MEPPRATHU HOUSE ANGADI, RANNY PATHANAMTHITTA DT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE SUB INSPECTOR OF POLICE, RANNY. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 6082 OF 2009 (E) ==================== Dated this the 25th day of February, 2009 J U D G M E N T Petitioner claims to be the registered owner of a Swaraj Mazda Mini Lorry bearing Regn.No.KL-3/G.7293. It is stated that proceedings were initiated against the vehicle alleging violation of the provisions contained under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Crime No.198/2008 of the Ranny Police Station was also registered. When the vehicle was taken into custody, petitioner approached the Judicial First Class Magistrate Court, Ranny. On an order passed by the Court, petitioner deposited Rs.25,000/-, the receipt of which is Ext.P1 and the vehicle was released. While the petitioner thus continues to be in the possession of the vehicle, the 1st respondent has issued Ext.P2, directing the Sub Inspector of Ranny to seize the vehicle. This is apparently because proceedings are pending before the 1st respondent. 2. Petitioner submits that final order has not been passed so far. If that be so, so long as the petitioner retains custody of the vehicle on the strength of the order passed by the Judicial Magistrate, Ranny, there is no reason why the vehicle should be seized as ordered in Ext.P2. Therefore, the writ petition is disposed of directing that the WPC 6082/09 :2 : petitioner shall produce a copy of this judgment before the 2nd respondent, who shall not take any further proceedings in pursuance to Ext.P2, so long as final orders in the proceedings have not been passed by the District Collector. ANTONY DOMINIC, JUDGE Rp