IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 22296 of 2011(J) --------------------------------------- PETITIONER(S): ------------------------- PRABHAKARAN K.S @ ANIYAN,S/O.SANAKRAN AGED 42 YEARS,KUNNATH HOUSE HOUSE, DESAMANGALAM P.O, VARAVATTOOR,THRISSUR DT., (OWNER OF KL-48A/1499) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------------------- 1. THE SUB DIVISIONAL MAGISTRATE/RDO, OFFICE OF RDO,THRISSUR-3. 2. SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION, CHERUTHURUTHY P.O, THRISSUR DISTRICT PIN- 680 001. 3. THE DISTRICT COLLECTOR, COLLECTORATE,THRISSUR.PIN- 680 001. R1 TO R3 BY GOVERNMENT PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.22296/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RECEIPT DATED 18/1/11 ISSUED BY THE DT. TREASURY THRISSUR P2 COPY OF THE BANK GUARANTEE DATED 24/1/11 P3 COPY OF THE RELEASING ORDER DATED 25/1/11 ISSUED BY THE 1ST RESPONDENT IN B3-15122/10 P4 COPY OF THE JUDGMENT IN WPC NO.9166/11 DATED 23/3/11. P5 COPY OF THE FINAL ORDER DATED 26/7/11 IN B3-14129/10 ISSUED BY THE 1ST RESPONDENT. P6 COPY OF THE REVISION PETITION DATED 9/8/11 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P7 COPY OF THE STAY PETITION DATED 9/8/11 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 22296 OF 2011 ===================== Dated this the 17th day of August, 2011 J U D G M E N T Petitioner is the registered owner of a mini lorry bearing Reg.No.KL-48 A 1499. Proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 were initiated which culminated in Ext.P5 order of the 1st respondent. During the pendency of the proceedings, petitioner got the vehicle on interim custody furnishing Ext.P2 bank guarantee which is valid till 23/01/2012. 1st respondent finalised the proceedings as per Ext.P5 finding the petitioner guilty and imposing fine on him. 2. Aggrieved by Ext.P5, petitioner filed Ext.P6 revision and Ext.P7 stay petition before the 3rd respondent invoking his power under Section 23B of the Act. Orders have not been passed on the revision and in the meanwhile steps are being taken to encash the bank guarantee. It is with this grievance, the writ petition is filed. 3. In view of the pendency of Ext.P6 revision before the District Collector, at this stage, what is required is that the WPC No. 22296/11 :2 : revision should be disposed of in accordance with law keeping further action for invocation of the bank guarantee in abeyance. 4. In that view, I dispose of the writ petition itself with the following directions: (1) That the 3rd respondent shall pass orders on Ext.P6 revision with notice to the petitioner and as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. (2) It is directed that in the meanwhile further action for invocation of Ext.P2 bank guarantee will be kept in abeyance. (3) Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp