IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24544 of 2010(P)
1. P.P.MUSTHAFA,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
For Petitioner :SRI.K.B.ARUNKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :05/08/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C). No. 24544 of 2010
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Dated this the 5th day of August, 2010
J U D G M E N T
In this writ petition the petitioner is the owner in possession
of a vehicle seized on allegations of illegal transportation of river
sand in violation of the Kerala Protection of River Banks and
Regulation of Removal of Sand Act, 2001 & Rules. He seeks
interim custody of the vehicle. In view of conflicting Division
Bench decisions regarding the conditions to be imposed for
interim custody similar writ petitions have been referred to a Full
Bench. A Full Bench of this court has now laid down the
conditions to be complied with for interim custody of vehicles
seized on allegations of illegal transportation of river sand
pending passing of final orders, in W.A. No.885/2010, W.P.(C)
No.18384/2010 and connected cases. Therefore I am of opinion
that the appropriate authority having jurisdiction to give interim
custody of the vehicles has to consider the claim of the
petitioner in this writ petition for interim custody of the vehicle
strictly in accordance with the conditions laid down in the said
judgment of the Full Bench. The appropriate authority shall pass
W.P.(C). No. 24544 / 2010 2
orders in this regard in accordance with the Full Bench decision
as expeditiously as possible at any rate within two weeks from
the date of receipt of a copy of this judgment. However, I make
it clear that if final order has been passed in this case, the
appropriate authority need only insist on complying with the final
order, for releasing of the vehicle.
The learned Government Pleader is directed to forward a
copy of the judgment of the Full Bench to all competent
authorities under the Act for passing orders in accordance with
the Full Bench decision as directed above.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
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