High Court Kerala High Court

Masood vs The District Collector on 7 April, 2009

Kerala High Court
Masood vs The District Collector on 7 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11635 of 2009(Y)


1. MASOOD, S/O.MOHAMMED,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE S.I. OF POLICE,

                For Petitioner  :SRI.R.SUDHISH

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :07/04/2009

 O R D E R
                           ANTONY DOMINIC, J.
                     -------------------------
                      W.P.(C.) No.11635 of 2009
               ---------------------------------
                Dated, this the 7th day of April, 2009

                             J U D G M E N T

The petitioner is a registered owner of the vehicle bearing

Regn.No.KL-7/Z-1892. Proceedings under the Kerala Protection of

River Banks and Regulation of Removal of Sand Act have been initiated

against the vehicle, and such proceedings are pending before the 1st

respondent. While so, the petitioner submitted Ext.P3, an application

for interim custody of the vehicle. Orders have not been passed on that

application either. It is in these circumstances, the writ petition has

been filed seeking to challenge the very proceedings itself.

2. Having regard to the fact that final order is yet to be passed

by the 1st respondent, the statutory authority, I do not think that this

Court will be justified in examining the merits of the case at least at this

stage.

3. However, having regard to the pendency of Ext.P3, where the

petitioner is seeking interim custody of the vehicle, it is directed that on

production of a copy of this judgment, the 1st respondent shall pass

orders thereon as expeditiously as possible, at any rate, within 10 days

thereafter.

The writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
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