IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 32765 of 2011(U) -------------------------- PETITIONER(S): --------------- P.J.GEEVARGHESE, S/O.JAMES VARGHESE, AGED 56 YEARS, PANIKKOTTIL HOUSE, NIRANAM KARA, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.J.GEORGE KUNNUMPURATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA-689645. 2. THE SUB INSPECTOR OF POLICE, CHENGANNUR-689121. GP SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32765 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: A TRUE PHOTOSTAT COPY OF THE ABOVE SALE AGREEMENT DATED 14-10-2009. EXHIBIT P2: TRUE COPY OF CERTIFICATE OF REGISTRATION DATED 23-3-2010. EXHIBIT P3: A TRUE COPY OF THE MAHAZAR DATED 31-10-2011. EXHIBIT P4: A TRUE COPY OF THE CLAIM PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 7-11-2011. /true copy/ P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).32765/2011 .............................................. Dated this the 8th day of December, 2011 JUDGMENT Petitioner's vehicle bearing registration No.K-3A 1206 has been seized on the allegation that the vehicle was used in violation of the provisions contained under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Thereupon, the petitioner filed Ext.P3 application before the District Collector seeking interim custody of the vehicle. The said application is pending and it is at that stage the writ petition is filed. 2. As rightly pointed out by the learned Government Pleader, the District Collector is not the competent authority for considering the request of the petitioner for interim custody of the vehicle, but it is the Revenue Divisional Officer concerned. 3. Therefore, I leave it open to the petitioner to move an application before the Revenue Divisional Officer concerned, seeking interim custody of the vehicle and if such an application is made, W.P.(C).32765/11 2 same will be considered without delay, applying the principles laid down by the Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs /true copy/ P.A. To Judge