IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 34800 of 2007(P)
1. K.P.LEELA, W/O. SIVANANDAN,
... Petitioner
Vs
1. THE DEPUTY TAHSILDAR,
... Respondent
2. THE DISTRICT COLLECTOR,
For Petitioner :SRI.A.MOHAMED MUSTAQUE
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :26/11/2007
O R D E R
ANTONY DOMINIC, J
-------------------
W.P.(C).34800/2007
--------------------
Dated this the 26th day of November, 2007
JUDGMENT
Under Ext.P3 seizure mahazar, a lorry bearing
registration No.KL-13-K-2788 of which the petitioner
claims to be the registered owner, has been seized on the
allegation that it was involved in the unauthorized
transportation of river sand. Complaining that though an
application has been made to the second respondent for
the interim custody of the vehicle, no order has been
passed thereon, this writ petition has been filed praying
to release the vehicle.
2. In view of the pendency of the proceedings before
the second respondent, it is for the second respondent to
complete the proceedings under Rule 27 of the Protection
of River Banks Regulation of Removal of Sand Rules. At
this stage, in view of the pendency of the proceedings, I
am not inclined to direct the release of the lorry. In my
view the proper course is to direct the second respondent
W.P.(C).34800/2007
2
to pass orders under Rule 27 of the Rules, with notice
to the petitioner.
3. Accordingly I dispose of this writ petition with a
direction to the second respondent to finalize the
proceedings in respect of the lorry mentioned, with
notice to the registered owner of the vehicle as
expeditiously as possible at any rate within ten days on
receipt of a copy of this judgment.
4. Petitioner shall produce a copy of this judgment
before the second respondent for compliance.
ANTONY DOMINIC
Judge
mrcs