IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 30039 of 2010(D) -------------------------- PETITIONER(S): --------------- P.E.VIJAYAN, S/O.EASWARAN PANICKER, ANGEMADATHIL HOUSE, AARALAM AMSOM, KUDAKKALAM, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, AARALAM POLICE STATION, KANNUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, (SUB DIVISIONAL MAGISTRATE), THALASSERY. 3. THE DISTRICT COLLECTOR, KANNUR. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.30039 OF 2010(D) -------------------------------------------------- Dated this the 30th day of September, 2010 J U D G M E N T Petitioner states that his vehicle bearing registration No.KL- 13/D 3539 has been seized by the respondents, on the allegation of violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001. It is challenging the said proceedings the writ petition is filed. Since the proceedings are still pending and as factual aspects are to be established, petitioner cannot now challenge the proceedings in a writ petition. It is for the petitioner to await adjudication of the matter by the 2nd respondent. However, if the petitioner is desirous of getting interim custody of the vehicle, he shall make an application to the 2nd respondent, in which event it shall be dealt with in accordance with the provisions in the Act and in the light of the principles laid down by the Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :