IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 WP(C).No. 14380 of 2008(J) ------------------------- PETITIONER : ----------------- ABDUL RAFEEQUE, S/O.UMMER, AGED 24 YEARS, MUNDODAN VEEDU, MOORKANADU, URNGATTIRI P.O, MALAPPURAM DISTRICT. BY ADVS. SRI.SAIJU. S SRI.T.ANIL KUMAR RESPONDENT(S): ----------------------- 1. TAHSILDAR, ERANADU TALUK, MALAPPURAM DISTRICT. 2. DISTRICT COLLECTOR, MALAPPURAM. 3. SUB INSPECTOR OF POLICE, AREEKKODU POLICE STATION, MALAPPURAM DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 14380 of 2008(J) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF RELEVANT EXTRACTS OF REGISTRATION CERTIFICATE OF PETITIONER'S VEHICLE, DULY ISSUED BY THE MOTO VEHICLES DEPARTMENT. EXT.P2 : COPY OF DRIVING LICENCE ISSUED TO THE PETITIONER BY THE MOTOR VEHICLES DEPARTMENT. EXT.P3 : COPY OF TAX LICENCE ISSUED TO THE PETITIONER BY THE MOTOR VEHICLES DEPARTMENT. EXT.P4 : COPY CERTIFICATE OF INSURANCE ISSUED TO THE PETITIONER BY THE MOTOR VEHICLES DEPARTMENT. EXT.P5 : COPY OF GOODS CARRIAGE PERMIT ISSUED TO THE PETITIONER BY THE MOTOR VEHICLES DEPARTMENT. EXT.P6 : COPY OF SEIZURE MAHZAR PREPARED BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S.SIRI JAGAN, J. ----------------------------------------- W.P. (C) NO. 14380 OF 2008 ---------------------------------------- Dated this the 19th day of October, 2010. JUDGMENT Counsel for the petitioner absent. This writ petition is filed by the petitioner seeking interim custody of the vehicle. It has been seized on allegations of illegal transportation of river sand in violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. On 09.05.2008 this Court passed the following interim order:- “Admit. Issue notice to the respondents returnable in 10 days. There will be a direction to the 3rd respondent to grant interim custody of the vehicle bearing registration No.KL-09-3862 to the petitioner, on the petitioner depositing a sum of Rs.25,000/- with the 3rd respondent. The petitioner shall not alienate, transfer or otherwise dispose of the vehicle and shall maintain it in good condition.” Subsequently, that interim order has slightly modified on 13.05.2008 by the following order:- “ IA 5922/08 Heard. This is an application to correct the order passed by this Court on 9/5/08. By order dated 9/5/08, this Court had directed 3rd respondent to grant interim custody of the vehicle belonging to the petitioner. Learned counsel for petitioner points out that the vehicle is in the custody of 1st respondent, Tahsildar,Eranadu Taluk. Accordingly, the order passed by this Court on 9/5/08 will stand corrected and the direction will be treated as one issued to 1st respondent. Learned counsel also points out that the registration number of petitioner vehicle is KL/09 J 3862 and in the order passed earlier on 9/5/08 the alphabet “J” is missing. The order passed earlier on 9/5/08 will stand corrected in that regard also.” W.P. (C) NO. 14380 OF 2008 2 In view of the above said interim orders no further orders are necessary in this writ petition in so far as the petitioner seeks his interim custody of the vehicle, further proceedings are to be on the basis of the final orders are to be passed pursuant to the seizure without prejudice to the right of the petitioner to take all his contentions before the appropriate authority. This writ petition is closed in terms of the interim orders. S.SIRI JAGAN, JUDGE. mns