IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32112 of 2010(L)
1. DENNIS, AGED 32 YEARS,
... Petitioner
Vs
1. THE REVENUE DIVISIONAL OFFICER,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.T.RAJASEKHARAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :20/10/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 32112 of 2010 L
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Dated this the 20th day of October, 2010
J U D G M E N T
Petitioner is the registered owner of a vehicle
bearing registration No.KL-35A-183. Proceedings have been
initiated against the petitioner on the allegation that the
vehicle was involved in the unauthorised transportation of
river sand. Referring to Exts.P4 and P5, the pass and
dealer’s licence, petitioner submits that the transportation was
fully legitimate and that there is absolutely no substance in the
allegation.
2. Having regard to the fact that the contention raised
by the petitioner is totally factual and the issue is still pending
before the Revenue Divisional Officer, the first respondent, I
am not persuaded to consider the same. It is for the
petitioner to appear before the first respondent and raise his
contentions and establish his plea.
3. It is seen that the petitioner has filed Ext.P6
W.P.(C) No.32112/2010
: 2 :
application before the first respondent seeking interim custody
of the vehicle. Having regard to the pendency of the
application, it is directed that the first respondent shall
consider Ext.P6 application, in the light of the provisions
contained in the Kerala Protection of River Banks and
Regulation of Removal of Sand Mining Act, 2001 and in the
light of the principles laid down by this Court in Shan C.T. Vs.
State of Kerala [2010 (3) KHC 333].
Writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
aks