IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 18304 of 2009(G) --------------------------------- PETITIONER: --------------- NOUSHAD P.M., AGED 35 YEARS, S/O.MUHAMMED, PUTHENPEEDIKAYIL HOUSE, LAHA P.O., POTTAMMOOZHY, PATHANAMTHITTA DISTRICT. BY ADV. MR.S.SHANAVAS KHAN RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE SUB INSPECTOR OF POLICE, PERUNAD. GOVERNMENT PLEADER MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).18304/2009 -------------------- Dated this the 3rd day of August, 2009 JUDGMENT In the light of the order dated 3.8.2009 in R.P.719/2009, Writ Petition No.18304/2009 is disposed of in the following terms:- (i). Petitioner shall deposit an amount of Rs.25,000/-, with the District Collector and there upon, the vehicle in question bearing registration No.KL-03 M 8387 shall be forthwith released to the petitioner. (ii). But such release of the vehicle shall not prevent the District Collector or the Revenue Officials taking proceedings against the vehicle under the provisions of Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. District Collector shall, within one month from the date of receipt of a copy of this judgment, take a decision whether proceedings will have to be initiated, in the instant case, in relation to the vehicle bearing registration No.KL-03 M 8387, under Section 23 of the Act. W.P.(C).18304/09 2 (iii). Such proceedings, if initiated, shall be done within one month from the date on which the vehicle is released and if it is not so initiated within one month, then, it will not be open to the respondents to thereafter initiate proceedings under the Act, in relation to the seizure effected on 25.6.2009. (iv). Vehicle, if released on interim custody, shall not be used for transportiaon of sand for a period of one month. If within the aforementioned period of one month from the date on which the vehicle is released, proceedings under the Act are not initiated as permitted herein above, then it will be open to the petitioner to use it in accordance with law. (v). If such proceedings are not initiated, Rs.25,000/- deposited by the petitioner shall be refunded to him. Initiation of proceedings under the Act, shall be done by the issuance of a notice from the office of the District Collector. (vi). Vehicle shall not be alienated or encumbered for a period of one month from W.P.(C).18304/09 3 the date of release of the vehicle on interim custody as permitted and such condition shall continue to operate till the proceedings initiated by the District Collector are disposed of, if such proceedings are initiated within the time frame mentioned above. V.GIRI, Judge mrcs