IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 23270 of 2011(G) ---------------------------------------- PETITIONER(S): ----------------------- C.V. REJI, S/O.KRISHNANKUTTY, AGED 36 YEARS, CHERATH VALAPPIL HOUSE, P.O. EDAPPAL, MALAPPURAM DISTRICT. (RC OWNER OF KL-04 Q/3807). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): -------------------------- 1. DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD-670 001. 2. THE SUB DIVISIONAL MAGISTRATE, OFFICE OF RDO, OTTAPPALAM, PALAKKAD DISTRICT-670 101. 3. SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION, CHALISSERY. P.O., PALAKKAD DISTRICT-670 101. R1 TO R3 BY GOVT. PLEADER SMT.M.J. RAJASHREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 23270 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PORT SAND PASS ISSUED BY THE PORT CONSERVATOR, PONNANI PORT DATED 04/08/2011. EXT.P2: COPY OF THE CASH BILL ISSUED BY THE SECRETARY PONNANI MUNICIPALITY, DATED 04/08/2011. EXT.P3: COPY OF THE SEIZURE MAHAZAR DATED 04/08/2011 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 16/08/2011. EXT.P5: COPY OF THE GO DATED 11/11/2010 ISSUED BY THE STATE. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 23270 OF 2011 ----------------------------------------------------- Dated this the 26th day of August , 2011 J U D G M E N T Petitioner claims to be the owner of a vehicle bearing Reg.No.KL.04.Q.3807. It is stated that proceedings under the Mines and Minerals (Development and Regulation) Act, 1957 having been initiated against the petitioner on the basis that the petitioner illegally transported sand from the Ponnani harbour and that such proceedings are pending before the first respondent. It is stated that he has filed Ext.P4 application before the first respondent for interim custody of the vehicle and on that orders have not been passed. It is under such circumstances this writ petition is filed. 2. From the submissions made by the petitioner, what is seen is that proceedings are pending before the first respondent pertaining to the vehicle in question and it is for the first respondent to finalize the same. W.P.(C) No. 23270 OF 2011 :2 : 3. Therefore I dispose of the writ petition directing the first respondent to pass final orders in the matter as expeditiously as possible at any rate within eight weeks from the date of receipt of a copy of this judgment along with a copy of this writ petition. 4. In the meanwhile, the first respondent shall also consider and pass orders on Ext.P4 application made by the petitioner for the interim custody of the vehicle and this shall be done within 10 days from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge