IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 2656 of 2011(F) ------------------------- PETITIONER(S): ----------------------- 1. SABU @ J.S.AHAMMED SABU, SHALIMAR, ROADUVILA, CHERIYAVELINALLOOR P.O., VELINALLOOR VILLAGE, KOTTARAKKARA. 2. NIJAMUDEEN, RAZEENA MANZIL, CHERIYAVELINALLOOR P.O., VELINALLOOR VILLAGE, KOTTARAKKARA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.V.SUNIL KUMAR (PANACHAMOODU) SRI.H.JAWHAR RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-01. 2. THE DISTRICT COLLECTOR, KOLLAM-691 001. 3. TAHSILDAR, KOTTARAKKARA, KOLLAM DISTRICT-691 506. 4. VILLAGE OFFICER, VELINELLOOR, KOLLAM DISTRICT-691 506. 5. THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, KOLLAM DISTRICT-691 537. GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 2656 OF 2011 ===================== Dated this the 27th day of January, 2011 J U D G M E N T Second petitioner is the owner of a vehicle bearing Regn.No.KL-24 A 7774. According to the petitioners, in an auction that was held by the 4th respondent on 17/1/2011, 1st petitioner was the successful bidder of the river sand auctioned. It is stated that, thereafter hiring the vehicle belonging to the second petitioner, first petitioner transported river sand and that the 5th respondent seized the lorry and the sand on the allegation that the transportation was in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Thereupon petitioners submitted Ext.P7 application before the 2nd respondent. Orders were not passed on Ex.P7, and therefore, the writ petition is filed. 2. Admittedly proceedings initiated against the petitioners is under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the allegation is unauthorized transportation of river sand. As such the proceedings are pending and therefore, it is for the Sub WPC No. 2656/11 :2 : Divisional Magistrate concerned to finalise the proceedings. So long as proceedings cannot be said to be without jurisdiction, this Court will not be justified in interfering with the proceedings at this stage. 3. Therefore, I direct that, on the production of a copy of this judgment, the Sub Divisional Magistrate concerned will expedite the proceedings and pass final orders in the matter with notice to the petitioners. It is also made clear that, in the meanwhile, it will be open to the second petitioner to seek interim custody of the vehicle by making an appropriate application, in which event, Sub Divisional Magistrate concerned will pass orders in the matter applying the principles laid down by this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. Such orders will be passed at any rate within 2 weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp