IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29490 of 2010(I)
1. ABDUL MAJEED, S/O.ENIKUTTY,
... Petitioner
Vs
1. THE STATTE OF KERALA, REPRESENTED BY
... Respondent
2. THE REVENUE DIVISIONAL OFFICER
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :29/09/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 29490 OF 2010 ()
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Dated this the 29th day of September, 2010
J U D G M E N T
Petitioner is the registered owner of Vehicle bearing
Regn.No.KL-10/C 9411, a Tata Mini Lorry. The vehicle was seized
on 29/3/2010 on the allegation that it was used for the
unauthorised transportation of river sand and for rash and
negligent driving under Section 279 of the Indian Penal Cole.
Ext.P1 is the FIR. In this writ petition, he disputes the allegations
on the basis the crime has been registered and proceedings under
the Kerala Protection of River Banks and Regulation of Removal
of Sand Act, 2001 have been initiated, and on that basis, he seeks
to get the whole proceedings quashed.
2. In my view, unless the petitioner is able to establish
before appropriate authorities that the aforesaid proceedings are
vitiated either for want of evidence or for other reasons, petitioner
cannot seek the relief sought for. This exercise cannot be
undertaken in a writ petition. Therefore, the writ petition is
misconceived and has to be dismissed and I do so.
Be that as it may, having regard to the fact that the
WPC No. 29490/10
:2 :
proceedings under the Kerala Protection of River Banks and
Regulation of Removal of Sand Act, 2001 are pending before the
2nd respondent, it will be open to the petitioner to seek interim
custody of the vehicle, in which event, the said authority will
consider the request of the petitioner in accordance with the
provisions of the Act and in accordance with the law as laid down
by this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333].
ANTONY DOMINIC, JUDGE
Rp