IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 3139 of 2009(W) ------------------------------------- PETITIONER(S): ------------------- 1. THE LORRY OWNERS ASSOCIATION, TRISSUR, REP.BY IT'S PRESIDENT GIRIJAN,S/O.RAJAN, RESIDING AT KARUVANKAD, KUNDUKAD P.O.THRISSUR. 2. SADANANDAN, S/O.VISWAMBARAN, MADAMBIKATTIL (H) MINALOOR P.O., TRISSUR DISTRICT. BY ADV. SRI.H.BADARUDDIN RESPONDENT(S): ---------------------- 1. THE DISTRICT COLLECTOR, TRISSUR. 2. THE SUB INSPECTOR OF POLICE, WADAKKANCHERRY, TRISSUR DISTRICT. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 3139 OF 2009 (W) ==================== Dated this the 30th day of January, 2009 J U D G M E N T The second petitioner claims to be the registered owner of a lorry bearing Regn.No.KL-08/L 3308. According to the petitioners, on 24/1/2009, the vehicle was seized by the 2nd respondent on the allegation that it was involved in the unauthorised transportation of river sand. It is stated that there is no substance in the allegation and therefore, the lorry is liable to be released to him as it is now remaining exposed to sun and rain. 2. Be that as it may, under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, the proceedings are to be completed by the 1st respondent. Since that has not been done, at this stage, if the petitioner seeks release of the vehicle pending finalisation of the proceedings, the appropriate course to be adopted is to make an application in that behalf to the 1st respondent himself. 3. Therefore, I direct that it will be open to the 2nd petitioner to make an application to the 1st respondent requesting for interim custody of the vehicle, in which case, the 1st respondent shall consider the same and pass orders applying the law as laid down by this Court in Subramanian WPC 3139/09 :2 : v. State of Kerala (2009(1) KLT 77) and pass orders thereon, as expeditiously as possible, at any rate within 10 days of receipt of a copy of the application. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp