Pramod E.N. vs The District Collector, The Sub Divisional Magistrate and The Sub Inspector of Police

Antony Dominic, J.—Petitioner claims to be the registered owner of a tipper lorry bearing registration No. KL-50-1574. Proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 initiated against the vehicle were concluded by Ext.P3 order of confiscation. Aggrieved by Ext.P3 order, Petitioner has filed Ext.P4 revision, which is now pending before the District Collector. In this writ petition, Petitioner complains of delay in the disposal of Ext.P4 and also complains that in the meanwhile, the vehicle, which is remaining in custody, will be deteriorated due to sun and rain.

If, as stated by the Petitioner, Ext.P4 revision is pending, it is necessary that the first Respondent should expeditiously conclude the proceedings. Taking note of the grievance of the Petitioner that further detention of the vehicle would cause damage to the vehicle, it is directed that the. Petitioner to seek interim custody of the vehicle. It is clarified that if the Petitioner makes an application for interim custody of the vehicle, the first Respondent will consider the application and pass orders thereon, applying the principles laid down in the judgment in Shan C.T. v. State of Kerala 2010 (3) KHC 333.

Writ petition is disposed of as above.