Nishad K.V. vs The District Collector and Others

Antony Dominic, J.—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.

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.

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.