IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 31302 of 2010(K) -------------------------- PETITIONER(S): ---------------------- P.K.BASHEER, S/O.USMAN, PILAVILKOONANANGATTIL HOUSE, P.O.PULAMANTHOLE, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): ------------------------ 1. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA – 679 322. 2. THE SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION – 679 322. GOVERNMENT PLEADER MR.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.31302 of 2010 ----------------------------------- Dated this the 12th day of October 2010 J U D G M E N T Petitioner is the owner of mini lorry bearing Reg.No.KL- 07-3664, which was seized by the 2nd respondent on 22.9.2010 on the allegation that the vehicle was used for the unauthorized transportation of the river sand. According to the petitioner, transportation was on the strength of Ext.P4 pass which permitted the transport on 22.9.2010 till 12.00 Noon. It is stated that despite this, vehicle was seized at 11.15 AM. The learned counsel submitted that for the aforesaid reason, the whole proceedings are illegal. However a reading of F.I.R. and Mahazar shows that the seizure was on the allegation that misusing the pass issued, the petitioner was transporting river sand from an unauthorized kadavu. 2. Evidently, issue involves disputed question of fact which can be resolved only by the 1st respondent in the course W.P.(C) No.31302 of 2010 -: 2 :- of the adjudication that has to be conducted in terms of the provisions of the Act. 3. Therefore, the writ petition is disposed of leaving it open to the 1st respondent to complete the adjudication into the seizure of the vehicle referred above with notice to the petitioner. 4. In the mean time, if the petitioner is desirous of getting interim custody of the vehicle, it will be open to the petitioner to apply to the 1st respondent, in which case, 1st respondent will consider the application in terms of the provisions contained in the Kerala Protection of River Banks & Regulation of Removal of Sands Act, 2001 and in the light of the principles laid down by this Court in Shan C.T. v. State of Kerala [2010(3) KHC 333]. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Jvt