IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 5263 of 2011(G) ------------------------- PETITIONER: --------------- ABDUL THAHIR, THEKKE KARAMEL HOUSE, NEDUMPURA, CHERUTHURUTHY, TRICHUR DISTRICT. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENTS: --------------- 1. THE REVENUE DIVISIONAL OFFICER,TRICHUR. 2. THE VILLAGE OFFICER, CHERUTHURUTHY, TRICHUR. 3. SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION. BY GOVERNMENT PLEADER ADV. MR. P. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 5263 OF 2011 ......................................................................... Dated this the 28th February , 2011 J U D G M E N T The motor cycle bearing number KL.8/T.3378 belonging to the petitioner is stated as seized in connection with the alleged illegal transportation of river sand . The case of the petitioner is that the petitioner is totally innocent and that the motor cycle was never involved or used for the purpose as alleged, which hence is under challenge in this writ petition. 2. Heard the learned Government Pleader as well, who, on instruction submits that the petitioner was illegally transporting the river sand in plastic bags in the motor cycle and it was in the said circumstance that the vehicle was seized initiating further proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001/Rules In the above circumstance, the writ petition is disposed of, relegating the petitioner to avail the statutory remedy before the first respondent in accordance with the relevant provisions of law W.P.(C) No. 5263 OF 2011 2 ( including for the interim custody of the vehicle), upon which the same shall be dealt with, in accordance with the relevant provisions of law and also in the light of the observation made by the Full Bench of this court in Shan C.T. vs. State of Kerala and others (2010 (3) KHC 333) . P.R. RAMACHANDRA MENON, JUDGE. lk