SREEKALA Vs. STATE OF KERALA

JUDGEMENT

(1.) IN these three writ petitions, the petitioners are owners in possession of the vehicles seized on allegations of illegal transportation of river sand in violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 & Rules. They seek interim custody of the vehicles. IN view of conflicting Division Bench decisions regarding the conditions to be imposed for interim custody, similar writ petitions had been referred to a Full Bench. A Full Bench of this Court has now laid down the conditions to be complied with for interim custody of the vehicles seized on allegations of illegal transportation of river sand pending passing of final orders, in W.A. No.885/2010, W.P. (C) No.18384/2010 and connected cases. Therefore, I am of opinion that the appropriate authority having jurisdiction to give interim custody of the vehicles has to consider the claims of the petitioners in these writ petitions for interim custody of the vehicles strictly in accordance with the conditions laid down in the said judgment of the Full Bench. The appropriate authority shall pass orders in this regard in accordance with the Full Bench decision, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a certified copy of this judgment. However, I make it clear that if, in any of these cases, final orders have been passed, the appropriate authority need only insist on complying with the final order for release of the vehicles. These writ petitions are disposed of as above.