T.D. Babu and T.D. Raju vs The District Collector and Others

Antony Dominic, J.—According to the Petitioners, they hired mini lorry bearing registration No. KL-8AH-3429 for transportation of river sand on the strength of Exts.P2 and P3 passes issued by the Tahsildar. It is stated that, on 07-01-2011, the fourth Respondent seized the mini lorry and proceedings have been initiated on the allegation of violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Immediately, Petitioners filed Exts.P5 and P6 representations for release of the vehicle and river sand. Again, Ext.P9 representation was made. These representations did not evoke any response. It is therefore, this writ petition is filed.

As at present the proceedings are pending under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, these proceedings will have to be finalized by the second Respondent. Therefore, at this stage, the only order to be passed is that on the production of a copy of this judgment, the second Respondent will expedite and conclude the proceedings initiated against the vehicle in question and river sand seized. It is also directed that it will be open to the registered owner to make application for interim custody of the vehicle in question, in which event, orders will be passed by the second Respondent, applying the principles laid down by the Full Bench of this Court in Shan C.T. v. State of Kerala 2010 (3) KHC 333.

Writ petition is disposed of as above.