IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 28401 of 2008(F) -------------------------- PETITIONER(S): --------------- SHAJI, S/O.JOHN, AGED 40 YEARS, THEKKE ATTATHIL, SOUTH PARAVOOR P.O., SOUTH PARAVOOR VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT (OWNER OF MINI LORRY BEARING REGISTRATION NO.KL-07-S-7477). BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANADU, ERNAKULAM. 2. THE DISTRICT GEOLOGIST, CIVIL STATION, KAKKANADU. 3. THE SUB INSPECTOR OF POLICE, HARBOR POLICE STATION, ERNAKULAM. G.P. SMT.SUDHADEVI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.28401 of 2008 ================== Dated this the 24 th day of September, 2008 J U D G M E N T The petitioner is aggrieved by seizure of his vehicle on allegations of unauthorised transport of river sand. The petitioner would submit that the petitioner's vehicle was not involved in any illegal transport of river sand. Therefore, the petitioner seeks interim custody of the vehicle. I am of opinion that having seized the vehicle, the 1 st respondent has a duty to pass final orders in the matter as provided in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and Rules thereunder. Accordingly, I dispose of this writ petition with a direction to the 1 st respondent to pass final orders in the matter within 7 days from the date of receipt of a certified copy of this judgment. The petitioner shall serve a certified copy of this judgment personally on the 1 st respondent, who shall hear the petitioner either on that day or any day within the seven days. Thereafter orders shall also be passed within the said seven days. It would be open to the petitioner to rely on Ext.P1 or any other documents in w.p.c.28401/08 2 support of his case, which shall be considered by the 1 st respondent while passing final orders in the matter. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.28401/08 3 ///True copy/// P.A. to Judge