IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 25133 of 2011(N) --------------------------------------- PETITIONER(S): ----------------------- SARAFUDHEEN, S/O. MUHAMMED, AGED 27 YEARS, ADIKARATH HOUSE, P.O. PAZHOOR, PAKARANELLOOR DESOM, MALAPPURAM DISTRICT (RC OWNER OF KL-11-E/7215). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): -------------------------- 1. SUB DIVISIONAL MAGISTRATE/RDO OFFICE OF THE RDO, PERINTHALMANNA. P.O, PERINTHALMANNA, PIN- 679 322, MALAPPURAM DISTRICT. 2. SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, KOLATHUR. P.O, MALAPPURAM DISTRICT - 679 338. R1 & R2 BY SR. GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 25133 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 17/09/2011 FOR INTERIM CUSTODY. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J ------------------------------------------- W.P.(C). No. 25133 of 2011 ------------------------------------------- Dated this the 22nd day of September, 2011 JUDGMENT 1.In this writ petition, the petitioner complains that his vehicle bearing registration No.KL-11-E/7215 has been detained on the allegation that the vehicle was used for transportation of port sand in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. According to the petitioner, though he has made Ext.P1 application for interim custody of the vehicle, his application was not considered. With this grievance, the writ petition has been filed. 2.A Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333] has laid down the manner in which such applications for interim custody should be dealt with. Therefore, all that is necessary in the Writ Petition is to direct that the statutory authority, before whom Ext.P1 application has been made, shall deal with the application in the light of the W.P.(C). No. 25133 of 2011 2 provisions of the Act referred above and in the manner as directed by the Full Bench of this Court in the judgment referred as above. 3.The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before the concerned authority for appropriate action. Writ petition is disposed of. Sd/- ANTONY DOMINIC, Judge. Mrcs //True copy// PA to Judge