IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 WA.No. 1690 of 2010 ----------------------- AGAINST THE JUDGEMENT IN WPC.18144/2010 Dated 11/06/2010 .................... APPELLANT/PETITIONER: --------------------------- SHIMMY THOMAS, CHEENICKAL HOUSE, MALAYATTOOR P.O., KALADI. BY ADV. SRI.LAL GEORGE SRI.T.R.SUGUNAN RESPONDENTS/RESPONDENTS: ----------------------------------- 1. STATE OF KERALA REP. BY THE DIST.COLLECTOR, COLLECTORATE, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KALADI POLICE STATION. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No. 1690 of 2010 ------------------------------------------ Dated this the 11th day of January, 2011 JUDGMENT J.Chelameswar, C.J. Aggrieved by judgment dated 11th June, 2010 in W.P.(C) No.18144 of 2010, the writ petitioner therein preferred the present writ appeal. 2. The writ petition was filed seeking interim custody of the vehicle which was seized under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 on the ground of violation of the said Act. The enquiry contemplated under the Act is still pending before the competent authority, it appears, for the last about ten months. In the circumstances the appellant herein approached this Court by way of the above mentioned writ petition seeking interim custody of the vehicle during the pendency of the enquiry. 3. By the judgment under appeal, a learned Judge of this Court disposed of the writ petition directing grant of interim custody of the vehicle to the appellant herein subject to certain conditions stipulated in a decision of this Court reported in District Collector, Malappuram v. Abdul Kasim (2010 (1) KLT SN 31 (Case No.38). 4. The instant writ appeal is filed on the ground that the W.A.No.1690 of 2010 - 2 - conditions imposed are onerous. In view of the law laid down by the Full Bench of this Court in Shan v. State of Kerala (2010 (3) KLT 413) we are of the opinion that such a ground is not available to the appellant herein. The writ appeal is dismissed at the admission stage. However, in view of the fact that the vehicle was seized long back, we deem it appropriate to direct the respondents to conclude the enquiry expeditiously and preferably within a period of four weeks from today and pass appropriate orders in accordance with law. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns