IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 4313 of 2010(L) ------------------------- PETITIONER: --------------- ABDUL LATHEEF, AGED 32 YEARS, S/O. ABDUL RAHIMAN, CHITTOTHAYIL HOUSE, PALLAM P.O., THRISSUR. BY MR.MANSOOR.B.H., ADVOCATE RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, PALAKKADU. 2. THE CIRCLE INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PATTAMBI, PALAKKADU. BY MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.4313 OF 2010 --------------------------------------- Dated this the 10th day of February, 2010. J U D G M E N T The petitioner is the person in possession and owner of the vehicle bearing Registration No.KL-07-AQ-2125, a TATA Tipper Lorry with valid goods permit. According to the petitioner, while the said vehicle was loading sand from Panamkadavu near Pattambi bridge, the Circle Inspector of Police seized the vehicle on the ground that the vehicle has violated Section 12(5) of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. 2. According to the petitioner, Panamkadavu is an authorized kadavu maintained by the Thrithala Grama Panchayath and all the vehicles are loading sand from the very same place. The petitioner was not aware whether the kadavu is established after keeping the distance as laid down in the Act. It is for the Panchayath to see that the distance from the bridge etc. is to be maintained while permitting the lorry to load the W.P.(C) No.4313/2010 2 sand. Exhibit P2 is the copy of the seizure mahazar. 3. The petitioner submitted a written representation to the 1st respondent seeking for interim custody of the vehicle as per Exhibit P3. Aggrieved by the delay in the matter, the petitioner has filed this writ petition. 4. Learned counsel for the petitioner submitted that the panchayath will have to be heard in the matter before passing orders on the application for interim custody. There will be a direction to the District Collector to take a decision on Exhibit P3, after hearing the petitioner and the panchayath, within a period of two weeks from the date of production of a copy of this judgment. Final orders will be passed within a further period of two months after notice to the petitioner. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp