IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 WP(C).No. 12697 of 2009(F) -------------------------------------- PETITIONER: -------------------- T.H. FIROZ BABU, THONIKKADAVIL HOUSE, SHORNUR-2. BY ADV. SRI.V.G.SANKARAN RESPONDENTS : ------------------------ 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, SHORNUR PALAKKAD DIST. SRI. P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. --------------------------------------- W.P.(C) No.12697 OF 2009 --------------------------------------- Dated this the 28th day of April, 2009 JUDGMENT The grievance of the petitioner is that his lorry bearing No.KL-7/AQ 5135 has been seized by the second respondent without passing any order or even preparing any mahazar as contemplated under the relevant provisions of law. It is further submitted that the vehicle is not involved in any anti-social activities as alleged and that there is no contravention of any provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 2. The learned Government Pleader submits that the petitioner has to approach the first respondent, if at all the interim custody of the vehicle is sought to be obtained and asserts that custody of the vehicle was seized since the said vehicle was found used for transporting river sand illegally. 3. After hearing both sides, it is found that the matter can be disposed of by permitting the petitioner to approach the first respondent by filing a proper petition for release of the interim custody of the vehicle. On such event, it shall be W.P.(C) No.12697 of 2009 2 considered by the first respondent and pass appropriate orders in accordance with law, within a period of ten days. The writ petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE pac