IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 15134 of 2010(N) ---------------------------------- PETITIONER: --------------- VINEETH KUMAR.C.J., CHERUVALLIL HOUSE, MATHOOR.P.O., PATHANAMTHITTA. BY ADV. MR.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE SUB INSPECTOR OF POLICE, KUMARAKAM. MR. P.NARAYANAN – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.15134 OF 2010 ------------------------------- Dated this the 26th day of MAY, 2010 J U D G M E N T The petitioner's vehicle has been seized on allegations of illegal transportation of river sand in violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules thereunder. No final orders have yet been passed. The petitioner seeks interim custody of the vehicle. The petitioner contends that the sand transported was only the ordinary sand, not coming within the purview of the above said Act and therefore the same is liable to be released without any conditions. He also relies on Ext.P2 permit as well as Ext.P3, P- form in support of his contention. These are all matters which the petitioner has to take up with the District Collector seeking interim custody of the vehicle. Accordingly, the writ petition is disposed of with the following directions: If the petitioner so chooses, he may file an application for W.P.(C)No.15134/2010 2 interim custody of the vehicle before the first respondent. The District Collector shall consider and pass orders on the same within one week from the date of receipt of the application. S. SIRI JAGAN, JUDGE acd W.P.(C)No.15134/2010 3