IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 29766 of 2008(R) -------------------------- PETITIONER(S): --------------- FAKRUDHEEN, S/O RABIYA, PULICKAL HOUSE, THRUTHALA POST, PALAKKAD DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PALAKKAD CIVIL STATION, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, THRUTHALA POLICE STATION,. 3. TAHSLDAR, TALUK OFFICE, OTTAPALAM. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).29766/2008 -------------------- Dated this the 17th day of October, 2008 JUDGMENT Petitioner is the registered owner of a Lorry bearing registration No.KL-9 4337. Petitioner is permitted to carry goods in his vehicle as per the permit issued to him by the Motor Vehicles Department. The said vehicle was seized by the second respondent on 17.8.2008, on the allegation that it was being used to carry river sand without any valid pass or document. Second respondent had prepared seizure mahazar and a report in this behalf and it has been forwarded to the first respondent, District Collector. First respondent is to pass final orders in terms of the provisions of the Kerala Protection of River Banks and Removal of sand Act, 2001, and the Rules framed thereunder. Petitioner has sought for the release of the vehicle forthwith. 2. Having heard learned Government Pleader also, writ petition is disposed of directing the first W.P.(C).29766/2008 2 respondent, District Collector, to adjudicate the matter in connection with the seizure and confiscation of the vehicle, belonging to the petitioner, bearing registration No. KL-9 4337 in terms of the provisions of Section 23 of the Act and Rule 27(3) of the Rules, within a period of two weeks from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs