High Court Kerala High Court

Ummar.K vs The District Collector on 27 October, 2010

Kerala High Court
Ummar.K vs The District Collector on 27 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31591 of 2010(Y)


1. UMMAR.K,S/O.KUNHAHAMMED,AGED 45 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, COLLECTORATE,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE, VALANCHERY-

3. SUB -DIVISIONAL MAGISTRATE/RDO,OFFICE OF

                For Petitioner  :SRI.SHOBY K.FRANCIS

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :27/10/2010

 O R D E R
                       ANTONY DOMINIC, J.
                     ================
                W.P.(C) NO. 31591 OF 2010 (Y)
                =====================

          Dated this the 27th day of October, 2010

                          J U D G M E N T

In this Writ Petition, the petitioner complains that his mini

lorry bearing Regn.No.KL-10-AC/437 has been detained on the

allegation that the vehicle was used for transportation of river

sand in violation of the provisions contained in the Kerala

Protection of River Banks and Regulation of Removal of Sand Act,

2001. According to the petitioner, though he has made

application for interim custody of the vehicle, his application was

not considered. With this grievance, this Writ Petition has been

filed.

2. A Full Bench of this Court in Shan C.T. v. State of

Kerala [2010(3)KHC 333] has laid down the manner in which

such applications for interim custody should be dealt with.

Therefore, all that is necessary in this Writ Petition is to direct that

the statutory authority, before whom the application has been

made, shall deal with the application in the light of the provisions

of the Act referred above and in the manner as directed by the

Full Bench of this Court in the judgment referred as above.

WPC No. 31591/10
:2 :

3. The petitioner will produce a copy of this judgment

along with a copy of the Writ Petition before the concerned

authority for appropriate action.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp