IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12697 of 2009(F)
1. T.H. FIROZ BABU,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.V.G.SANKARAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :28/04/2009
O R D E R
P.R.RAMACHANDRA MENON, J.
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W.P.(C) No.12697 OF 2009
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Dated this the 28th day of April, 2009
JUDGMENT
The grievance of the petitioner is that his lorry bearing
No.KL-7/AQ 5135 has been seized by the second respondent
without passing any order or even preparing any mahazar as
contemplated under the relevant provisions of law. It is further
submitted that the vehicle is not involved in any anti-social
activities as alleged and that there is no contravention of any
provisions of the Kerala Protection of River Banks and
Regulation of Removal of Sand Act, 2001.
2. The learned Government Pleader submits that the
petitioner has to approach the first respondent, if at all the
interim custody of the vehicle is sought to be obtained and
asserts that custody of the vehicle was seized since the said
vehicle was found used for transporting river sand illegally.
3. After hearing both sides, it is found that the matter
can be disposed of by permitting the petitioner to approach
the first respondent by filing a proper petition for release of
the interim custody of the vehicle. On such event, it shall be
W.P.(C) No.12697 of 2009
2
considered by the first respondent and pass appropriate orders
in accordance with law, within a period of ten days.
The writ petition is disposed of accordingly.
P.R.RAMACHANDRA MENON
JUDGE
pac