IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 19287 of 2011(I) -------------------------- PETITIONER(S): ----------------------- AJI, AGED 28 YEARS S/O.SOMAN, PUTHUKKATTUTHEKKATHIL HOUSE MUZHAMGODY MURI, THODIYOOR VILLAGE, THODIYOOR PO, KARUNAGAPPALLY KOLLAM DISTRICT 690 518. BY ADV. SRI.C.S.MANU RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001. 2. DISTRICT COLLECTOR KOLLAM 691 001. 3. SUB INSPECTOR OF POLICE KARUNAGAPPALLY POLICE STATION KARUNAGAPPALLY PO, KOLLAM DISTRICT 690 518. *ADDL.R4. THE SUB DIVISIONAL MAGISTRATE, KOLLAM. (ADDL.R4 IS IMPLEADED AS PER ORDER DATED 27/7/2011 IN IA NO.11732/11) GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19287/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE NO.KL07 C 2408, ISSUED BY THE ADDITIONAL REGISTERING AUTHROITY, KARUNAGAPPALLY TO THE PETITIONER. EXT.P2: TRUE COPY OF THE COMPLAINT DATED 8.11.2010 FILED BY THE 3RD RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, KARUNAGAPPALLY WHICH WAS TAKEN ON FILE BY THE SAID COURT AS CC NO.1282 OF 2010. EXT.P3: TRUE COPY OF THE APPLICATION DATED 12.7.11 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 19287 OF 2011 ===================== Dated this the 27th day of July, 2011 J U D G M E N T Petitioner claims to be the registered owner of a lorry bearing Regn.No.KL-07 C 2408. According to the petitioner, on the allegation that the vehicle was used in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, proceedings were initiated and the matter has been reported to the additional 4th respondent, who is seized of the issue. It is his case that though the vehicle was seized as early as in November 2010, the vehicle is still kept under detention and that inspite of the request made, interim custody has not been given. 2. Taking note of the aforesaid case of the petitioner, this writ petition is disposed of with the following directions:- (1) The additional 4th respondent, before whom the proceedings are now pending, shall finalise the proceedings with notice to the parties concerned and as expeditiously as possible. (2) It is directed that, it will be open to the petitioner to seek interim custody of the vehicle by making appropriate WPC No. 19287/11 :2 : application to the respondents, in which event the same shall be dealt with in accordance with the Full Bench judgment of this court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. (3) Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the respondents for compliance. ANTONY DOMINIC, JUDGE Rp