IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 30563 of 2010(U) -------------------------- PETITIONER(S): --------------- K.SURESH, AGED 38 YEARS, S/O.KRISHNAN NAIR, THONNALLOOREZHAKATH VEEDU,NADUTHERI PALTAZHI VILLAGE,PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.MADHUSOODHANAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA CHIEF SECRETARY,GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOTTAYAM 3. THE REVENUE DIVISIONAL OFFICER, R.D.O.OFFICE,MUNICIPAL STATION,KOTTAYAM. 4. TAHSILDAR, KOTTAYAM TALUK OFFICE, KOTTAYAM. 5. DISTRICT GEOLOGIST, KOTTAYAM. 6. MINERAL REVENUE INSPECTOR, DEPARTMENT OF MINING & GEOLOGY, DISTRICTY OFFICE, KOTTAYAM. 7. VILLAGE OFFICER, NATTAKAM VILLAGE, KOTTAYAM DISTRICT. BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.30563 OF 2010(U) -------------------------------------------------- Dated this the 5th day of October, 2010 J U D G M E N T Challenge in this writpetiton is against Ext.P5 an order passed by the Revenue Divisional Officer exercising his powers under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of River Sand Act. Having regard to the fact that under Section 23(b) of the Act, a remedy of revision is available to the petitioner before the District Collector, it is not necessary for this court to entertain a challenge against the impugned order in a proceedings under Article 226. Therefore I decline to exercise the jurisdiction and relegate the petitioner to pursue the statutory remedy. 2. Counsel for the petitioner complains that the vehicle is still kept under detention and therefore the petitioner should be given interim custody of the said vehicle. It is seen that in Ext.P3 judgment, this court has already given liberty to the petitioner to make an application to the Revenue Divisional Officer. Therefore, it is still open to the petitioner to seek interim custody of the vehicle by making an application as already directed. WPC.No. 30563/2010 :2 : Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/