IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 25415 of 2011(B) -------------------------- PETITIONER(S): ---------------------- ABOOBACKER T.M., S/O.MOHAMMED T.P., RESIDING AT THOTTAMPULLY HOUSE, P.O.PALLAM, CHERUTHURUTHY, THRISSUR DISTRICT PIN-679531. BY ADVS. SRI.M.AJAY SRI.ABHIJETT LESSLI RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, THRISSUR, THE COLLECTORATE, THRISSUR-680001. 2. THE SUB DIVISIONAL MAGISTRATE, THE COLLECTORATE, THRISSUR-680001. 3. THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION, THRISSUR-679531. BY SENIOR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25415 of 2011(B) ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ---------------------------------- EXT.P1. COPY OF THE SEIZURE MAHAZAR PREPARED BY THE THIRD RESPONDENT DATED 12.8.09. EXT.P2. COPY OF THE REPORT FORWARDED BY THE THIRD RESPONDENT TO THE FIRST RESPONDENT DATED 12.8.09 EXT.P3. COPY OF THE PHOTOGRAPHS SHOWING THE PETITIONER'S VEHICLE PARKED IN THE CUSTODY OF THE THIRD RESPONDENT. EXT.P4. COPY OF THE JUDGMENT OF THIS HON. COURT IN WPC 5300/11 DATED 21.2.11. EXT.P5. COPY OF THE ORDER NO.B3-4672/11 ISSUED BY THE SECOND RESPONDENT DATED 5.8.11. EXT.P6. COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 5.9.11. (WITHOUT THE ANNEXURES THEREWITH) EXT.P7. COPY OF THE RECEIPT DATED 6.9.11. ISSUED BY THE OFFICE OF THE FIRST RESPONDENT ACCEPTING EXT.P6. EXT.P8. COPY OF THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONER ALOG WITH EXT.P6 DATED 5.9.11. EXT.P9. COPY OF THE INTERIM ORDER IN WPC 12428/11 OF THIS HON. COURT DATED 19.4.11. EXT.10. COPY OF THE ORDER OF THE SECOND RSPONDENT K.DIS/B3-6200/11 DATED 26.4.11. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK WP(C).No. 25415 of 2011(B) ------------------------------------------ APPENDIX -------------- PETITIONER'S EXHIBITS ----------------------------------- ANTONY DOMINIC, J ....................................................... W.P.(C).25415/2011 .............................................. Dated this the 26th day of September, 2011 JUDGMENT Petitioner claims to be the owner of a mini lorry bearing registration No.KL 10 N 4621. Proceedings under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, (in short 'the Act'), were initiated against the vehicle in question, which led to Ext.P5 order of the Sub Divisional Magistrate, exercising his powers under Section 23 of the Act. Aggrieved by the said order, petitioner filed Ext.P6 Revision Petition under Section 23B of the Act which is pending before the first respondent. Along with the Revision, petitioner has also filed Ext.P8 application for interim custody of the vehicle. Neither the Revision nor the interim custody application has been considered. It is while so, the writ petition has been filed. 2. At this stage, having regard to the pendency of the Revision, the only order that is required to be passed is that the first respondent will consider and pass orders on Ext.P6 with notice to the parties, as expeditiously as possible. In the meanwhile, the first respondent shall consider Ext.P8 application made by the W.P.(C).25415/11 2 petitioner for interim custody of the vehicle, on the production of a copy of this judgment. It is directed that if the request is allowed, it will be open to the first respondent to impose the conditions which are indicated in the Full Bench judgment of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. Such orders shall be passed as expeditiously as possible, at any rate, within three weeks of production of a copy of this judgment. Writ petition is disposed of. ANTONY DOMINIC, Judge mrcs