IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 14604 of 2009(U) ----------------------------------------- PETITIONER(S): ------------------------- PRATHEESH M.V., S/O. VELAYUDHAN, AGED 35 YEARS, MUCHIRUPARAMBIL HOUSE, CHOWANNOOR, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. MR.P.RAMACHANDRAN RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION, THRITHALA, PALAKKAD DISTRICT. 2. THE DISTRICT COLLECTOR, PALAKKAD. BY GOVERNMENT PLEADER MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No.14604 of 2009 -------------------------- Dated this the 28th May,2009 J U D G M E N T The petitioner is aggrieved by what is claimed as illegal seizure and detention of Lorry by the 1st respondent on 13.5.2009. Going by Exhibit-P2 Seizure Mahazar, lorry has been seized for the infraction of the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2002. It is open to the petitioner to approach the District Collector , invoking his powers under Rules 27 and 28 of the Kerala Protection of River Banks and Regulation of Removal Sand Rules for release of the vehicle. 2. If such an application is filed by the petitioner, the District Collector shall cause an enquiry to be conducted and pass orders as early as possible. If the District Collector feels that the enquiry into the application will take time then the District Collector shall consider the application for release of the vehicle on W.P ( C) No.14604 of 2009 2 interim custody. This shall be done keeping in mind the observations of this Court in Subramanian Vs. State of Kerala [ 2009(1) KLT 77] as also the observations contained in Shoukathali Vs. Tahasildar [2009(1) KLT 640] and the judgment of this Court in WPC No.14319 of 2009 clarifying the observations made in Subramanian's case. Final orders under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act shall be passed within three months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of the representation along with copy of this judgment and a copy of the judgments in Subramanian's case and Shoukathali's case. If motion is made for release of the vehicle on interim custody, orders thereon shall be passed within three weeks in the light of the directions issued above. (V.GIRI,JUDGE) ma W.P ( C) No.14604 of 2009 3 W.P ( C) No.14604 of 2009 4