IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 33859 of 2008(E) -------------------------- PETITIONER(S): --------------- 1. ANTONY, AGED 41 YEARS, S/O.VARGHESE MADHUPURAM, ASARIKKAD POST, TRISSUR 680 751. 2. RAJAN, AGED 51 YEARS, THAIVALAPPIL HOUSE, ANCHERI POST,TRISSUR. BY ADV. SRI.H.BADARUDDIN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, TRISSUR. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE ADDITIONAL TAHSILDAR THALAPILLI TALUK, TRISSUR DISTRICT. 4. THE INSPECTOR GENERAL OF POLICE TRISSUR DISTRICT. 5. THE STATION HOUSE OFFICER CHALISSERI POLICE STATION, PALAKKAD DISTRICT. \ 6. THE SECRETARY CHALISSERI POLICE STATION,PALAKKAD DISTRICT. 7. THE CIRCLE INSPECTOR OF POLICE PATTAMBI, PALAKKAD DISTRICT. GOVT. PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 33859 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th December, 2008. J U D G M E N T Petitioner's vehicle has been seized on allegations of unauthorised transport of river sand. The alleged unauthorised transport of sand is stated to be from a Kadavu within the jurisdiction of the District Collector, Thrissur. However, seizure was at a place in Palakkad district. Learned Government Pleader submits that in the above circumstances, the seizure mahazar has been handed over to the District Collector, Palakkad and the District Collector, Palakkad is the person who has to take further action in the matter. The petitioner seeks interim custody of the vehicle. I am not inclined to grant the interim custody of the vehicle to the petitioner at present. However, after having seized the vehicle, the appropriate District Collector is bound to pass final orders in the matter as provided in the Kerala Protection of River Banks and Regulation of Removal of Sand Act and Rules. In the above circumstances, the writ petition is disposed of with the following directions: The District Collector, Palakkad shall pass final orders pursuant to the seizure, as expeditiously as possible, at any rate, within seven days from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall personally produce a certified copy of this judgment before the District Collector, Palakkad, who shall, on that day or on any adjourned date, hear the petitioner and pass orders thereon within the seven days as directed above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.