IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 32112 of 2010(L) -------------------------- PETITIONER(S): --------------- DENNIS, AGED 32 YEARS, CHERIPPURATHU HOUSE, CHERPUNGAL P.O., PALA, KOTTAYAM DISTRICT. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, PALA, KOTTAYAM DISTRICT.- 686 575 2. THE SUB INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION, KOTTAYAM DISTRICT.- 686 001 GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 32112 of 2010 L ``````````````````````````````````````````````````````` Dated this the 20th day of October, 2010 J U D G M E N T Petitioner is the registered owner of a vehicle bearing registration No.KL-35A-183. Proceedings have been initiated against the petitioner on the allegation that the vehicle was involved in the unauthorised transportation of river sand. Referring to Exts.P4 and P5, the pass and dealer's licence, petitioner submits that the transportation was fully legitimate and that there is absolutely no substance in the allegation. 2. Having regard to the fact that the contention raised by the petitioner is totally factual and the issue is still pending before the Revenue Divisional Officer, the first respondent, I am not persuaded to consider the same. It is for the petitioner to appear before the first respondent and raise his contentions and establish his plea. 3. It is seen that the petitioner has filed Ext.P6 W.P.(C) No.32112/2010 : 2 : application before the first respondent seeking interim custody of the vehicle. Having regard to the pendency of the application, it is directed that the first respondent shall consider Ext.P6 application, in the light of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Mining Act, 2001 and in the light of the principles laid down by this Court in Shan C.T. Vs. State of Kerala [2010 (3) KHC 333]. Writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks