IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 21942 of 2011(P) -------------------------- PETITIONER(S): ----------------------- GEORGE THOMAS, AGED 37 YEARS, S/O.THOMAS, PALLICKAL HOUSE, VAYALATHALA P.O., CHERUKOLE VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP. BY THE REVENUE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA, PIN-689645. 3. THE SUB INSPECTOR OF POLICE, RANNI, PIN-689672. GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21942/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE R.C. PARTICULARS OF THE VEHICLE. EXT.P2: TRUE COPY OF THE F.I.R AND MAHAZAR PREPARED by the 3RD RESPONDENT. EXT.P3: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT R.D.O TO RELEASE THE VEHICLE ON INTERIM CUSTODY. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 21942 OF 2011 ===================== Dated this the 11th day of August, 2011 J U D G M E N T Petitioner claims to be the owner of a vehicle bearing Regn.No.KL-6 C 2259. Although the learned Government Pleader submits that the vehicle is also involved in Crime No.267 of the Ranny Police Station, according to the petitioner, there is also a proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, which is pending before the 2nd respondent. In this writ petition, petitioner seeks a direction to the 2nd respondent to release the vehicle on interim custody. 2. If as stated by the learned Government Pleader, the vehicle is involved in the crime mentioned above, necessarily the petitioner will have to seek custody of the vehicle in terms of the provisions contained under the Cr.P.C. On the other hand, if the RDO is seized of the issue under the aforesaid Act, necessarily RDO will have to exercise his powers under the Act and consider the request of the petitioner for interim custody of the vehicle. WPC No. 21942/11 :2 : 3. Petitioner shall produce a copy of this judgment before the RDO for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp