IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 34370 of 2011(U) -------------------------- PETITIONER(S): -------------------- MOIDEENKUTTY.K.K, AGED 30 YEARS, S/O. KUNHIMOIDU, KUTTIMUCHIKKAL HOUSE, NELLUVAI.P.O, KUTTANCHERY, THRISUR DISTRICT (REGISTERED OWNER OF KL 17/B- 7872) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): ---------------------- 1. THE SUB DIVISIONAL MAGISRTRATE, OTTAPALAM, OTTAPALAM.P.O, PALAKKAD DISTRICT - 679 101. 2. CIRCLE INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PATTAMBI.P.O, PALAKKAD - 679 303. 3. SENIOR GEOLOGIST, OFFICE OF GEOLOGIST, MINING AND GEOLOGY, PALAKKAD - 678 001. BY SR. GOVT. PLEADER SMT. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34370 of 2011(U) APPENDIX: PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 10.11.11. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE. ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 34370 of 2011 ---------------------------------------- Dated this the 21st day of December, 2011 JUDGMENT In this writ petition, the petitioner complains that his vehicle bearing registration No.KL 17 B 7872 has been detained on the allegation that the vehicle was used for transportation of river sand in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. According to the petitioner, though he has made Ext.P1 application for interim custody of the vehicle, his application was not considered. With this grievance, the writ petition has been filed. 2. A Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333] has laid down the manner in which such applications for interim custody should be dealt with. Therefore, all that is necessary in the Writ Petition is to direct that the statutory authority, before whom Ext.P1 application has W.P.C. No. 34370 OF 2011 -2- been made, shall deal with the application in the light of the provisions of the Act referred above and in the manner as directed by the Full Bench of this Court in the judgment referred as above. 3. The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before the concerned authority for appropriate action. Writ petition is disposed of. ANTONY DOMINIC, JUDGE. Kp/-