IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 3927 of 2010(M) ------------------------- PETITIONER: --------------- SHARAFUDHEEN, S/O.MOYINKUTTY, 296, KAKKATHODI, 8, URANGATTIRI, MALAPPURAM. BY ADV. SRI.P.M.HABEEB RESPONDENTS: --------------- 1. DISTRICT COLLECTOR, MALAPPURAM. 2. SUB INSPECTOR OF POLICE, AREEKODE POLICE STATION. 3. JUNIOR SUPERINTENDENT COLLECTORATE, MALAPPURAM. GOVERNMENT PLEADER: SRI P N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.3927 of 2010 ------------------------------------------------ Dated this the 9th day of February, 2010 JUDGMENT The petitioner is the registered owner of the Lorry bearing Registration No.KL 05 J 1312. It is having a goods permit as evidenced by Ext.P2. It was seized for illegal transportation of river sand. The contention raised in this writ petition is that the Junior Superintendent is not an authorised officer under the Provisions of the Section 25 of the Kerala Protection of River Banks & Regulation of removal of sand Act, 2001. 2. The learned Government Pleader on instructions submitted that the complaint herein is not true. The Junior Superintendent is actually Deputy Tahsildar, who is an authorised Officer. 3. The proceedings are even now pending before the District Collector. Therefore, if the petitioner moves the first respondent for interim custody of the vehicle, the same will be considered and appropriate orders will be passed within a period of seven days from the date of receipt of the application. There will be a further direction to the first respondent to pass final orders within two months from the date of receipt of a copy of this judgment with notice to the petitioner and after hearing him. W.P.(C)No.3927 of 2010 2 The petitioner will be free to raise the contention regarding alleged illegality of the seizure of the vehicle by the Junior Superintendent before the District Collector. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj