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.
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W.P.(C.) No.11635 of 2009
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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)
jg