IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 27324 of 2011(M) ----------------------------------------- PETITIONER(S): ----------------------- ABDULLA, S/O.SAIDALIKUTTY, 9/362, CHELAKKOTTIL HOUSE, IRIMBILIYAM, EDAYOOR, (PO) VALANCHERRY, IRIMBILIYAM VILLAGE, MALAPPURAM DT. BY ADV. SRI.T.K.AJITH KUMAR RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM, UP HILL (PO), MALAPPURAM, PIN- 676 505. 2. THE SUB DIVISIONAL MAGISTRATE, TIRUR, MALAPPURAM DT., PIN- 676 101. 3. THE SUB INSPECTOR OF POLICE, VALANCHERRY, VALANCHERRY (PO), MALAPPURAM DT., PIN- 676 552. R1 TO R3 BY GOVT. PLEADER SMT.M.J. RAJASHREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 27324 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT ON 26.9.2011 VIDE NUMBER L/510/11. EXT.P2 TRUE COPY OF THE REVISION PETITION DATED 10.10.2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3 TRUE COPY OF THE PETITION FOR GRANTING INTERIM CUSTODY OF THE VEHICLE DATED 10.09.2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ================ W.P.(C) NO. 27324 OF 2011 ===================== Dated this the 17th day of October, 2011 J U D G M E N T Petitioner claims to be the registered owner of a lorry bearing Regn.No.KL-45/A 3969. On the allegation that the vehicle was involved in offences under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, proceedings were initiated and that culminated in Ext.P1 order of confiscation with liberty to redeem the vehicle on payment of its value. Aggrieved by the said order, the petitioner filed Ext.P2 revision under Section 23(B) of the Act along with Ext.P3 application for interim custody. Orders have not been passed by the 1st respondent. Therefore, the writ petition is filed. 2. Having regard to the above facts, the writ petition is disposed of with the following directions:- (1) That the 1st respondent will consider and pass orders on Ext.P2 revision with notice to the petitioner and as expeditiously as possible. (2) In the meanwhile, orders will be passed on Ext.P3 application for interim custody without any delay and on the WPC No. 27324/11 :2 : production of a copy of this judgment. (3) It is made clear that in the event it is decided to give interim custody, it is open to the 1st respondent to impose such conditions as indicated by the Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. ANTONY DOMINIC, JUDGE Rp