IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 33862 of 2011(G) ------------------------------------ PETITIONER(S): --------------- SHAMEER BABU, KAKKADATH HOUSE,M PALLUR, KONDAYUR. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THRISSUR - 680 001. 2. SUB DIVISIONAL MAGISTRATE, THRISSUR -680 001 3. SUB INSPECTOR OF POLICE, CHERUTHURUTHY, THRISSUR - 680 001. BY Sr. GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(C).No. 33862 of 2011(G) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1- TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGN. NO. KL 25 4881 EXHIBIT-P2- TRUE COPY OF THE ORDER IN W.P(C) 12428/2011 OF THIS HONOURABLE COURT RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE. dlk ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 33862 of 2011 ---------------------------------------- Dated this the 20th day of December, 2011 JUDGMENT Petitioner claim to be the owner of tipper lorry bearing No. KL 25-4881. Proceedings alleging violation of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 are pending against the vehicle. Case of the petitioner is that at the time of seizure there was no sand in the lorry and therefore, proceedings are unsustainable. 2. Now that the aforesaid proceedings are pending before the 2nd respondent, it is for the petitioner to appear before 2nd respondent, in which event the 2nd respondent pass orders duly adverting to the contentions of the petitioner including the one noted above. 3. It is directed that order in the matter shall passed expeditiously, and in the mean time it is open to the petitioner to apply for interim custody of the vehicle in W.P.C.. No. 33862 OF 2011 -2- which event orders shall passed by the 2nd respondent duly adverting to the Full Bench decision 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. Kp/-