IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 13692 of 2011(J) ----------------------- PETITIONER : --------------------- BIBIN.T.B., S/O.BALAN, AGED 27 YEARS, THAVARAKATTUKUDY, KANJOOR, VADAKKUMBAGOM VILLAGE, ALUVA TALUK, ERNAKULAM. (OWNER OF A MINI LORRY BEARING REGISTRATION NO.KL-7-AK-5766). BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): ------------------------- 1. THE SUB DIVISIONAL MAGISTRATE, FORTKOCHI, ERNAKULAM DISTRICT, PIN-682001. 2. THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION, ERNAKULAM DISTRICT, PIN-682031. R1 & R2 BY GOVT. PLEADER SRI. BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 13692 OF 2011 -------------------------- Dated this the 24th day of May, 2011 J U D G M E N T The petitioner is the registered owner of a Mini Lorry bearing registration No.KL-7-AK-5766. The said vehicle was seized by the second respondent on 4.5.2011 on the allegation that it was used to transport river sand without a valid pass. A report was thereupon submitted to the Sub Divisional Magistrate, Fort Kochi. This writ petition is filed contending that though immediately after the vehicle was seized, the petitioner had filed Ext.P2 representation dated 5.5.2011 before the Sub Divisional Magistrate, Fort Kochi seeking interim custody of his vehicle, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the Sub Divisional Magistrate, Fort Kochi to consider Ext.P2 representation and pass orders thereon within a time limit to be fixed by this Court and to release the vehicle to the petitioner by way of interim custody without imposing any condition. 2. A full Bench of this Court has in Shan v. State of Kerala (2010 (3) KLT 413 (F.B.) held that the question of grant of interim custody of the vehicle seized under the provisions of the Kerala WPC No.13692/2011 2 Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as 'the Act' for short) would not arise within a period of six weeks from the date of seizure if within that time, the proceedings initiated under the Act are concluded. The Full Bench held that if for any reason the proceedings under section 23 of the Act to confiscate the vehicle cannot be concluded within six weeks from the date of seizure of the vehicle, it will be open to the competent authority to grant interim custody of the vehicle on the conditions stipulated by the Full Bench. 3. In the instant case the petitioner's vehicle was seized only on 4.5.2011. The period of six weeks has not expired. Such being the situation, I am of the opinion that the petitioner cannot seek interim custody of the vehicle at this stage. Faced with the situation, the learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the first respondent to conclude the proceedings initiated by him within six week after notice to the petitioner and to release the vehicle by way of interim custody if within the said period of six weeks the first respondent is not able to conclude the proceedings initiated by him. Having regard to the said submission, I dispose of the writ petition with a direction to the first WPC No.13692/2011 3 respondent to finalise the proceedings initiated against the petitioner's vehicle under section 23 of the Act with notice to the petitioner expeditiously and in any event within six weeks from the date of seizure of the vehicle. If for any reason the first respondent is not in a position to conclude the proceedings within the said period, he shall grant interim custody of the vehicle to the petitioner on the terms and conditions stipulated by the Full Bench of this Court in Shan v. State of Kerala (supra). P.N.RAVINDRAN, (JUDGE) vps