IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34961 of 2011(U) -------------------------- PETITIONER(S): --------------------- ALI, S/O.MOHAMMED, AGED 30 YEARS, KADENGAN HOUSE, VATTAMKULAM (PO), EDAPPAL, MALAPPURAM DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------------- 1. THE SUB DIVISIONAL MAGISTRATE, TIRUR, MALAPPURAM DISTRICT. PIN -679121 2. THE SUB INSPECTOR OF POLICE, KUTTIPPURAM POLICE STATION, PONNANI, MALAPPURAM DISTRICT- 679121 BY GOVT. PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34961 of 2011(U) APPENDIX: PETITIONER'S EXHIBITS: EXT.P1: THE TRUE COPY OF THE R.C. BOOK. EXT.P2: TRUE COPY OF THE SEIZURE MAHAZAR. EXT.P3: TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE. KP ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 34961 of 2011 ---------------------------------------- Dated this the 20th day of December, 2011 JUDGMENT In this writ petition, the petitioner complains that his vehicle bearing registration No.KL 54/B/4385 has been detained on the allegation that the vehicle was used for transportation of river sand in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. According to the petitioner, though he has made Ext.P3 application for interim custody of the vehicle, his application was not considered. With this grievance, the writ petition has been filed. 2. A Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333] has laid down the manner in which such applications for interim custody should be dealt with. Therefore, all that is necessary in the Writ Petition is to direct that the statutory authority, before whom Ext.P3 application has W.P.C. No. 34961 OF 2011 -2- been made, shall deal with the application in the light of the pro isions of the Act referred above and in the manner as dir cted by the Full Bench of this Court in the judgment referred as bove. 3. The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before the concerned authority for appropriate action. Writ petition is disposed of. ANTONY DOMINIC, JUDGE. Kp/-