IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26117 of 2010(L)
1. V.SHAJI, S/O.VASUDEVAN,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.GEORGE SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :18/08/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No.26117 of 2010
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Dated this the 18th day of August, 2010
J U D G M E N T
The vehicle belonging to the petitioner was seized on allegations
of illegal transportation of river sand. The petitioner approached this
Court for interim custody of the vehicle, in which, Ext.P2 order has
been passed, whereby, the petitioner was given interim custody on
condition that the petitioner pays 50% of the value assessed for the
vehicle and executes bond for the balance. The petitioner challenges
the same on the ground that the conditions stipulated therein are not
in accordance with the Full Bench Bench decision in Shan C.T. v. State
of Kerala & Others, 2010 (3) KHC 333.
2. I have heard th learned Government Pleader also.
3. The conditions for grant of interim custody of the vehicles
seized under the Kerala Protection of River Banks and Regulation of
Removal of Sand Act have been laid down by the above-said Full
Bench decision. Certainly the conditions in Ext.P2 are not in
accordance with that judgment. Accordingly, Ext.P2 is quashed. The
appropriate authority under the Act, as now amended, shall pass fresh
orders on the application for interim custody of the vehicle in
accordance with the above-said Full Bench decision within two weeks
from the date of receipt of a certified copy of this judgment.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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