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Kerala High Court
Chirayil Prajeesh vs The Sub Divisional Magistrate on 17 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37441 of 2010(E)


1. CHIRAYIL PRAJEESH,
                      ...  Petitioner

                        Vs



1. THE SUB DIVISIONAL MAGISTRATE,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.T.K.AJITH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :17/12/2010

 O R D E R
                    ANTONY DOMINIC, J.
                       -------------------------
                 W.P (C) No. 37441 of 2010
                      --------------------------
            Dated this the 17th December, 2010

                         J U D G M E N T

In this writ petition, the petitioner complains that his

vehicle has been detained on the allegation that the

vehicle was used for transportation of river sand in

violation of the provisions contained in the Kerala

Protection of River Banks and Regulation of Removal of

Sand Act, 2001. According to the petitioner, he has made

application for interim custody of the vehicle, but his

application was not considered. With this grievance, this

Writ Petition has been filed.

2. A Full Bench of this Court in Shan C.T. v.

State of Kerala [2010(3)KHC 333] has laid down the

manner in which such applications for interim custody

should be dealt with. Therefore, all that is necessary in this

Writ Petition is to direct that the statutory authority,

before whom the application has been made, shall deal

with the application in the light of the provisions of the Act

referred above and in the manner as directed by the Full

W.P (C) No. 37441 of 2010
2

Bench of this Court in the judgment referred as above.

The petitioner will produce a copy of this judgment

along with a copy of the Writ Petition before the concerned

authority for appropriate action.

This writ petition is disposed of as above.

Sd/-

ANTONY DOMINIC
JUDGE
ma

/True copy/

P.A to Judge


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