IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 32067 of 2011(G) ----------------------- PETITIONER : --------------------- ABOOBAKER, S/O. SAVAD, KDUVILA VEEDU, THOKKAD, CHEMMARUTHI VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DIST. BY ADV. SRI. R. ANILKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. SUB INSPECTOR OF POLICE, VARKALA, PIN-695 141. 3. REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM, PIN - 695 001. R1 TO R3 BY GOVT. PLEADER SRI. MUHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 32067 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : THE TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE REGISTRATION CERTIFICATE OF VEHICLE NO.KL-10/Q 4901. EXT.P2 : THE TRUE PHOTOCOPY OF PETITION FILED BEFORE THE JFMC, VARKALA, ON 23.9.2011. EXT.P3 : THE TRUE PHOTOCOPY OF THE ORDER PASSED BY THE JFMC, VARKALA IN CMP NO.6147/2011 DTD.31.10.2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 32067 OF 2011 ----------------------------------------------------- Dated this the 1st day of December, 2011 J U D G M E N T Petitioner is the registered owner of a goods carriage vehicle bearing Reg.No.KL-10Q4901. It is seen that proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 have been initiated against the petitioner and such proceedings are pending before the 3rd respondent. In the meanwhile the petitioner made an application to the Judicial Magistrate of First Class-I, Varkala for release of the vehicle and that application was rejected by Ext.P3 order of the Magistrate. It is thereafter this writ petition is filed seeking a direction for release of the vehicle holding that the petitioner's vehicle was not used for any offence under the above said Act. In support of this plea, the learned counsel has relied on the findings in Ext.P3 order. W.P.(C) No. 32067 OF 2011 :2 : 2. As at present the case against the petitioner is pending consideration of the 3rd respondent, the statutory authority. The 3rd respondent is yet to consider the request of the petitioner and decide the culpability or otherwise of the petitioner. Therefore at this stage it is premature for this court to pronounce on the merits of the contentions raised. Therefore it is for the petitioner to appear before the 3rd respondent, urge his contentions and get himself exonerated. In that view of the matter, I dispose of the writ petition leaving it open to the petitioner to appear before the 3rd respondent and contest the matter. 3. I also make it clear that if the petitioner is desirous of getting interim custody of the vehicle, pending finalization of the proceedings, it will be open to the petitioner to file application before the 3rd respondent for such interim custody. If such an application is made, the 3rd respondent will consider the said application and pass W.P.(C) No. 32067 OF 2011 :3 : orders thereon without any delay and if interim custody is ordered to be given, the principles laid down in the Full Bench decision of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333] will also be adverted to. The writ petition is disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge