IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 6901 of 2010(K) ------------------------- PETITIONER: --------------- SAJESH U., S/O.VASU, AGED 24 YEARS, UKKANDATH HOUSE, PALLAPRAM, PONNANI P.O MALAPPURAM DISTRICT. BY ADV. SRI.SUDHEESH.A. SMT.C.V.BINDU RESPONDENT(S): ----------------- 1. THE TAHSILDAR, PONNANI, MALAPPURAM DISTRICT. 2. DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 3. SUB INSPECTOR OF POLICE, PERUMPADAPPU POLICE STATION, MALAPPURAM DISTRICT. BY GOVT.PLEADER SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.6901 OF 2010 ----------------------------------------------------- DATED THIS THE 8th DAY OF MARCH, 2010 J U D G M E N T Alleging the action taken taken by the 1st respondent seizing the motor cycle of the petitioner for the offence under the provisions of the Kerala Protection of River Banks and Regulation of Sand Act, this Writ Petition has been filed. The petitioner is the registered owner of a 2006 model Hero Honda Passion Plus motor cycle bearing registration No.KL 54-1175. It was seized by the 1st respondent on 24.11.2009 alleging that the petitioner used the above motor cycle to obstruct the department vehicle from following a lorry which is alleged to have transported river sand, illegally. 2. According to the petitioner, he has not committed any offence and he is a law abiding citizen. The learned Government Pleader on instructions submitted that initially the files were forwarded to the District Collector and the files have been returned to the first respondent for registering a crime, since the petitioner has prevented public officials from performing their W.P.(C)No.6901/10 -2- duties. 3. It is therefore evident that the proceedings are not pending now under Act 18 of 2001. Since the respondents are registering the crime, the remedy of the petitioner will be to move the concerned criminal court seeking interim custody of the vehicle. The 3rd respondent will therefore file a report before the concerned criminal court for producing the vehicle and in such an event, the petitioner can file appropriate application before the learned Magistrate seeking interim custody of the vehicle. Leaving open the said remedy, this Writ Petition is closed. T.R.RAMACHANDRAN NAIR, JUDGE dsn