IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WA.No. 1646 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.27294/2011 Dated 14/10/2011 .................... APPELLANT/PETITIONER ------------------------ ARAVINDAKSHAN, S/O.KUMARAN, 29/9, KIZHEKKE KUNIYIL HOUSE, P.O.KAYAPPANICHI, VATAKARA. BY ADV. SRI.O.D.SIVADAS RESPONDENTS/ RESPONDENTS -------------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE, PIN 673001. 2. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE-673001. 3. THE SUB INSPECTOR OF POLICE, CHOMBAL- 673308. GOVT.PLEADER, SRI.GEORGE MECHERIL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag.C.J. & P.S.GOPINATHAN, J. ------------------------------------------ W.A.No.1646 OF 2011 ------------------------------------------- Dated this the 2nd day of November, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, Ag.C.J. Petitioner's truck is under detention for alleged violation of the provisions of the Protection of River Banks and Regulation of Removal of Sand Act, 2001. The learned Single Judge declined to interfere on the ground that the matter is pending before the 2nd respondent for adjudication. We do not find any ground to disagree with the view taken by the learned Single Judge because this Court should not preempt a statutory authority from exercising jurisdiction. However, we feel the District Collector should not delay the matter because retaining vehicle in the Government custody will lead to loss not only for the owner but also for the State. We, accordingly, dispose of the Writ Appeal by modifying the judgment of the learned Single Judge to the extent of the direction to the R.D.O or the District Collector, who has the authority to adjudicate the matter, within three weeks from the date of production of a copy of this W.A.No.1646/2011 2 judgment. The appellant will be given full opportunity to produce all the documents and raise all contentions in support of his claim against the allegation. (C.N.RAMACHANDRAN NAIR, Acting Chief Justice) (P.S.GOPINATHAN, JUDGE) ps/4/11