IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 24519 of 2011(L) ------------------------------------- PETITIONER(S): ----------------------- PRABHAKARAN K.S., S/O.SANKARAN, AGED 42 YEARS, KUNNATH HOUSE, P.O.VARAVATTOOR, THRISSUR DT. (R.C. OWNER OF KL-48/A-7015). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): ------------------------- 1. SUB DIVISIONAL MAGISTRATE/ REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, THRISSUR 680 003. 2. SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION, CHERUTHURUTHY P.O., THRISSUR DISTRICT 680 573. 3. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR 680 003. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.24519/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER PASSED BY THE IST RESPONDENT IN B3-14301/10 DTD. 13.10.10. P2:- COPY OF THE JUDGMENT IN WPC. 14332/11 DT.27.5.2011. P3:- COPY OF THE FINAL ORDER PASSED BY THE IST RESPONDENT IN B3-14301/10 DTD. 22.8.11 RECEIVED ON 2.9.11. P4:- COPY OF THE REVISION PETITION DTD. 3.9.11 FILED BEFORE THE 3RD RESPONDENT. P5:- COPY OF THE STAY PETITION IN REVISION PETITION DTD. 3.9.11 FILED BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 24519 OF 2011 -------------------------- Dated this the 7th day of September, 2011 J U D G M E N T The petitioner is the owner of a goods vehicle bearing registration No.KL 48/A 7015. The said vehicle was seized by the Sub Inspector of Police, Cheruthuruthy Police Station on 15.7.2010, on the allegation that it was used to transport river sand without a valid pass. Proceedings were thereupon initiated against the petitioner under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. While the proceedings were pending before the Sub Divisional Magistrate, after the expiry of the period of six weeks from the date of seizure of the vheicle, the Sub Divisional Magistrate granted interim custody of the vehicle by Ext.P1 order dated 13.10.2010 on the petitioner depositing the sum of Rs.1,42,500/- and furnishing bank guarantee or immovable property as security for the balance sum of Rs.3,32,500/-. Later, by Ext.P3 order dated 22.8.2011 the Sub Divisional Magistrate ordered confiscation of the vehicle. The Sub Divisional Magistrate also directed the petitioner to pay the sum WPC No.24519/2011 2 of Rs.25,000/- as fine. Aggrieved thereby, the petitioner filed Ext.P4 revision petition dated 3.9.2011 before the District Collector, Thrissur accompanied by Ext.P5 application praying for stay pending disposal of the revision petition. This writ petition is field contending that though the revision petition filed from Ext.P3 order of confiscation is pending before the District Collector, the Sub Divisional Magistrate is taking steps to repossess the vehicle and to proceed against the petitioner. In this writ petition, the petitioner seeks a direction to the District Collector to consider Ext.P4 revision petition and Ext.P5 stay petition within a time limit to be fixed by this Court and to keep in abeyance Ext.P3 order of confiscation till such time as orders are passed on Ext.P4 revision petition and Ext.P5 stay petition. 2. I heard Smt.Shameena K.P., learned counsel appearing for the petitioner and Sri.P.N Santhosh, learned Government Pleader appearing for the respondents. A learned single Judge of this Court has in similar circumstances disposed of W.P.(C) No. 23253 of 2011 with a direction to the District Collector to dispose of the revision petition and to permit the petitioner to continue to have WPC No.24519/2011 3 interim custody of the vehicle subject to the condition that the bank guarantee furnished by him shall be kept alive. In my opinion, a similar order can be passed in the instant case also. I accordingly dispose of the writ petition with a direction to the District Collector, Thrissur to pass orders on Ext.P4 revision petition after notice to and affording the petitioner an opportunity of being heard expeditiously and in any event within two months from the date of receipt of a certified copy of this judgment. Till such time as orders are passed as directed above in the revision petition, the petitioner shall be entitled to have interim custody of the vehicle subject to the condition that he shall keep the bank guarantee for the sum of Rs.3,32,500/- alive for such period as the District Collector may direct. P.N.RAVINDRAN, (JUDGE) vps