IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 291 of 2010(J) ------------------------ PETITIONER: --------------- SAJEESH.S., S/o.SADANANDAN, MAVILA VEEDU, PIDAVOOR, PATHANAPURAM, KOLLAM DISTRICT. BY MR.B.MOHANLAL, ADVOCATE MR.SINOY.C, ADVOCATE RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, KUNNICODE POLICE STATION, KOLLAM DISTRICT. 3. SRI.S.SAJEEV, DEVAN BODY BUILDERS, PIDAVOOR, PATHANAPURAM, KOLLAM. BY MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.291 OF 2010 --------------------------------------- Dated this the 6th day of January, 2010. J U D G M E N T The petitioner is aggrieved by the alleged illegal detention of his vehicle namely, 2008 Model Swaraj Mazda MGV Tipper bearing Registration No.KL-25-9486 from 23.12.2009 for transportation of river sand in the vehicle. It is pointed out that the river sand was transported after purchase from the 3rd respondent. This was transported from Tamil Nadu by him and Exhibits P2 and P3 have been produced to show that the 3rd respondent is having Registration under the VAT Act and CST Act. 2. The petitioner's grievance is that the 2nd respondent's intervention is unauthorized and the 2nd respondent has forwarded the mahazar etc. to the 1st respondent for invoking the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001. W.P.(C) No.291/2010 2 3. The main prayer in the writ petition is for a direction to release the petitioner's vehicle. It is upto the 1st respondent to take a decision in regard to the prayer for interim custody of the vehicle and with regard to the finalisation of the proceedings if any initiated. If the petitioner files an appropriate application for interim custody along with documents produced herein before the 1st respondent, the same will be disposed of within a period of one week from the date of receipt of the same. The 1st respondent will consider the entire aspects and if the 1st respondent feels that the vehicle can be released, it can be done only on such terms and conditions as the 1st respondent deems fit to impose. If the 1st respondent initiates proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001, the same will be finalised within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp