IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 28199 of 2010(Y) -------------------------- PETITIONER(S): -------------------- K.SURESH, AGED 38 YEARS, S/O.KRISHNAN NAIR, THONNALLOOREZHAKATH VEEDU, NADUTHERI PALTHAZHI VILLAGE, PATHANAPURAM TALUK, KOLLAM DT. BY ADV. SRI.K.MADHUSOODHANAN NAIR SRI.K.K.SETHUKUMAR RESPONDENT(S): --------------------- 1. DISTRICT COLLECTOR, KOTTAYAM. 2. TAHSILDAR, KOTTAYAM TALUK OFFICE, KOTTAYAM. 3. VILLAGE OFFICER, NATTAKAM VILLAGE, KOTTAYAM DT. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 28199 OF 2010 (Y) ===================== Dated this the 13th day of September, 2010 J U D G M E N T Petitioner submits that he is the owner of a tipper lorry bearing Regn.No.KL-45/A 6194. According to the petitioner, the vehicle has been seized on the allegation that it was used for the unauthorised transportation of river sand in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. It is on account of the above, the writ petition is filed challenging the very proceedings. 2. As at present, no final order as contemplated under the said Act has been passed by the Authorised Officer. Therefore, at this stage, the prayer in the writ petition is premature. Counsel for the petitioner seeks a direction to the respondents to release the vehicle and the learned Government Pleader submits that if the petitioner seeks such a relief, it is for the petitioner to make an application to the Sub Divisional Magistrate, the Authorised Officer. Even according to the petitioner, no such application has been made for interim custody. 3. In that view of the matter, it is directed that it will be WPC No. 28199/10 :2 : open to the petitioner to make an application for interim custody of the vehicle, in which event, the Authorised Officer will deal with the same in accordance with the provisions of the Act and in the light of the directions of this Court in the Full Bench judgment in Shan C.T. v. State of Kerala [2010(3)KHC 333]. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp