High Court Kerala High Court

Mujeeb Rahman vs Revenue Divisional Officer on 7 October, 2010

Kerala High Court
Mujeeb Rahman vs Revenue Divisional Officer on 7 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30765 of 2010(U)


1. MUJEEB RAHMAN,S/O.PERIYAKASIM,
                      ...  Petitioner

                        Vs



1. REVENUE DIVISIONAL OFFICER,OFFICE OF THE
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. THE DISTRICT COLLECTOR,CIVIL STATION,

                For Petitioner  :SMT.T.D.RAJALAKSHMI

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :07/10/2010

 O R D E R
                       ANTONY DOMINIC, J.
                     ================
                W.P.(C) NO. 30765 OF 2010 (U)
                =====================

           Dated this the 7th day of October, 2010

                          J U D G M E N T

In this Writ Petition, the petitioner complains that his LMV

Open Tipper bearing Regn.No.KL-14E 3979 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, though he has made

application for interim custody of the vehicle, 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 Bench of this Court in the judgment referred as above.

WPC No. 30765/10
:2 :

3. The petitioner will produce a copy of this judgment

along with a copy of the Writ Petition before the concerned

authority for appropriate action.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp